Cong Rufus Bill on Creation of Copyright Bureau

8/8/2019 Cong Rufus Bill on Creation of Copyright Bureau

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FIFTEENTH CONGRESS OF THE )REPUBLIC OF THE PHILIPPINES )First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 47

Introduced by Representative Rufus B. Rodriguez andRepresentative Maximo B. Rodriguez, Jr.

AN ACTAMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293ENTITLED "AN ACT PRESCRIBING THE INTELLECTUALPROPERTY CODE AND ESTABLISHING THE INTELLECTUALPROPERTY OFFICE, PROVIDING FOR ITS POWERS ANDFUNCTIONS AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of thePhilippines in congress assembled:

SECTION 1. Section 6 of R.A. 8293, otherwise known as theIntellectual Property Code of the Philippines is hereby amended toread as follows:

Sec. 6. The Organizational Structure of the IPO. -

x x x,

6.2 The Office shall be divided into seven (7) Bureaus, each ofwhich shall be headed by a Director and assisted by an .Assistant Director. These Bureaus are:

(a) The Bureau of Patents;(b) The Bureau of Trademarks;


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General in these cases shall be appealable to the Secretary ofTrade and Industry.

SEC.3. A new Section 9A is hereby inserted after Section 9 OfR.A. 8293, to read as follows:

Sec. 9A. The Bureau of Copyright shall have the FollowingFunctions:

9A.1.

9A.2.

9A.3.

9A.4.

9A.5.

9A.6.

Accept, review and decide on applications for theaccreditation of collective management organizations orsimilar entities;Conduct studies and researches in the field of copyrightand related rights in order to assist the Director Generalin formulating policies on the administration andmanagement of copyright and related rights;Exercise original jurisdiction to resolve disputes relatingto the terms of a license involving the author's right topublic performance or other communication of his work.The decisions of the Director of Copyright in these casesshall be appealable to the Director General;Assist the Documentation, Information and TechnologyTransfer Bureau (DITIB) in educating the public andbuilding awareness of copyright and related rightsthrough seminars, lectures and other similar activities;Provide information to the Director General regarding

,matters of copyright and related rights that requirepublication in the IPOGazette;Coordinate with the National Library and the SupremeCourt Library for the maintenance of a database ofdeposited works, assignments or exclusive licenses ofcopyrighted works and other documents, particularlythose mentioned in Sections 182, 183, 191 and 198; and


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broadcasting, rebroadcasting, retransmitting by cable,broadcasting and retransmitting by satellite, and includes themaking of a work available to the public by wire or wirelessmeans in such a way that members of the public may accessthe works from a place and at a time individually chosen bythem;

SEC. 6. Section 171.9 of R.A. No. 8293 is hereby amended toread as follows:

171.9. "Reproduction" is the making of one (1) or morecopies, temporary or permanent, in whole or inpart, of a work or sound recording in any manner orform without prejudice to the provisions of Section185 of this Act. (Sec. 41e, P.D. No. 49a);

SEC. 7. There shall be two new subsections to be added at theend of Sec. 171.11. to be known as 171.12 and 171.13, both to readas follows:

171.12.

171. 13.

"Technological Measure" means any technology,device or component that, in the normal course ofits operation, restricts access in respect of a work,performance or sound recording, which are notauthorized by the authors, performers or producers

,

of sound recordings concerned or permitted by law.

"Rights Management Information" meansinformation which identifies the work, soundrecording or performance; The author of the work,producer of the sound recording or performer of theperformance; the owner of any right in the work,


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sound recording or performance; or informationabout the terms and conditions of the use of thework, sound recording or performance; and anysuch numbers or codes that represent suchinformation, when any of these items is attached toa copy of the work, sound recording or fixation ofperformance or appears in conjunction with thecommunication to the public of a work, soundrecording or performance.

SEC. 8. Section 180 of R.A.No. 8293 is hereby amended to readas follows:

Sec. 180. Rights of Assignee or Licensee. -

180. 1.

180.2.

180.4.

The copyright may be assigned or licensed inwhole or In part. Within the scope of theassignment or license, the assignee or licensee isentitled to all the rights and remedies which theassignor or licensor had with respect to thecopyright.

The copyright is not deemed assigned or licensedinter vivos, in whole or in part, unless there is awritten indication of such intention.

x x x

Any exclusivity, in the economic rights in a workmay be exclusively licensed. Within the scope ofthe exclusive license, the licensee is entitled to allthe rights and remedies which the licensor hadwith respect to the copyright.


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180.5. The copyright owner has the right to regularstatements of accounts from the assignee or thelicensee with regard to assigned or licensed work.The accounting shall be made in writing and shallbe given to the author at least once a yearaccompanied by such information, includingbooks of accounts, contracts re-assigning hisrights to his work, and other such documentsthat will help the author or copyright ownerdetermine the proper remuneration due him.

SEC. 9. Section 181 of R.A. No. 8293 is hereby amended to readas follows:

Sec. 181. Copyright and Material Object. - The copyright isdistinct from the property in the material object subject to it.Consequently, the transfer or assignment or licensing of the copyrightshall not itself constitute a transfer of the material object. Nor shall atransfer or assignment of the sole copy or of one of several copies ofthe work imply transfer or assignment or licensing of the copyright.(Sec. 16, P.D. No. 49)

SEC. 10. Section 183 of R.A. No. 8293 is hereby amended toread as follows:

Sec. 183. Designation of Society. - The copyright owners or theirheirs may designate a society of artists, writers, or composers toenforce their economic rights or moral rights on their behalf. TheIntellectual Property Office of the Philippines shall establish anaccreditation system for collective management organizations orsimilar entities. (Sec. 32, P.D. No. 49a)


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Sec. 185. Fair Used of a Copyrighted Work. - 185.1. The fair useof a copyrighted work for criticism, comment, news, reporting,teaching including multiple copies for classroom use, scholarship,research, and similar purposes is not an infringement of copyright.Decompilation, which is understood here to be the reproduction of thecode and translation of the forms of a computer program to achievethe interoperability of an independently created computer programwith other programs may also constitute fair use under the criteriaestablished by this section, to the extent that such decompilation isdone for the purpose of obtaining the information necessary to achievesuch interoperability. In determining whether the use made of a workin any particular case is fair use, the factors to be considered shallinclude:

(a) The purpose and character of the use, includingwhether such use is of a commercial nature or ISfor non-profit educational purposes;

(b) The nature of the copyrighted work;(c) The amount and substantiality of the portion used

in relation to the copyrighted work as a whole; and(d) .The effect of the use upon the potential market for

or value of the copyrighted work.

It is also not an infringement Of the copyrighted work toreproduce or distribute copies of published articles or materials ifsuch copies are reproduced or distributed in a specialized formatexclusively for the use of the blind or visually impaired persons:Provided, That such copies and distribution shall be made on a non-profit basis and shall indicate the copyright owner and the date of the


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original publication: Provided further, That such reproduction ordistribution is not in conflict with the normal exploitation of thecopyright owner. This distribution is also permitted in case the copieshave been made abroad and the conditions mentioned have beenfulfilled.

SEC. 12. Implementing Rules and Regulations on theReproduction or Distribution of Published Articles / Materials inSpecialized Format for the Blind or Visually Impaired. - Withinone hundred twenty (120) days from the effectivity of this Act, theIntellectual Property Office, in consultation with the National BookDevelopment Board (NBDB), shall promulgate the rules andregulations necessary to effectively implement the provisions ofSection 185.1, as amended.

SEC 13. Section 188.1 of R.A. No. 8293 is hereby amended toread as follows:

Sec. 188. Reprographic Reproduction by Libraries. - 188.1Notwithstanding the provisions of Subsection 177.1, any library orarchive whose activities are not for profit may, without theauthorization of the author or copyright owner, make a limitednumber of copies of the work, as may be necessary for suchinstitutions to fulfill their mandate, by reprographic reproduction:

x x x

( c ) Wherethe making of such limited copies is in orderto preserve and, if necessary in the event that it islost, destroyed or rendered unusable, replace acopy, or to replace, in the permanent collection ofanother similar library or archive, a copy which has


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been lost, destroyed or rendered unusable andcopies are not available with the publisher.

SEC.14. Sections 190.1 and 190.2 of R.A. No. 8293 are deletedin their entirety.

SEC. 15. Section 190.3 of R.A. No. 8293 is hereby renumberedand amended as the sole provision under Section 190 to read asfollows:

Sec. 190. Importation and Exportation of Infringing Materials. -Subject to the approval of the Secretary of Finance, the Commissionerof Customs is hereby empowered to make rules and regulations forpreventing the importation or exportation of articles the importationor exportation of which is prohibited under this Act and under treatiesand conventions to which the Philippines may be a party and forseizing and condemning and disposing of the same in case they arediscovered after they have been imported or before they are exported.(Sec. 30, P.D. No. 49)

SEC. 16. Section 191 of R.A. No. 8293 is hereby amended toread as follows:

Sec. 191. Deposit and Notice of Deposit with the National Libraryand the Supreme Court Library. - Within three (3) weeks after the firstpublic dissemination or performance by authority of the copyright

,

owner of a work falling under Subsections 172.1 (A), 172.1 (B), 172.1(C), and 173.1 of this ACt, there shall, for the purpose of completingthe records of the National Library and the Supreme Court Library, beregistered and deposited with it by personal delivery or by registeredmail, two (2) complete copies or reproductions of the work in suchform as the directors of said libraries may prescribe in accordancewith regulations: Provided, That only works in the field of law shall be


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deposited with the Supreme Court Library. Anotice of deposit shall beissued for which the prescribed fee shall be collected. (Sec: 26, P.D.No. 49a)

SEC. 17 Section 198 of R.A. No. 8293 is hereby amended toread as follows:

Sec. 198. Term. of Moral Rights. - 198.1 The rights of an authorunder this chapter shall last during the lifetime of the author and inperpetuity after his death and shall not be assignable or subject tolicense. The person or persons to be charged with the posthumousenforcement of these rights shall be named in writing to be filed withthe National Library. In default of such person or persons, suchenforcement shall devolve upon either the author's heirs, and indefault of the heirs, the Director of the National Library.

SEC. 18. Section 208 of R.A. No. 8293 1S hereby amended toread as follows:

Sec. 208. Scope of Right. - Subject to the provisions of Section212, producers of sound recordings shall enjoy the following exclusiverights:

208 1.

2082.

2083.

The right to authorize the direct or indirectreproduction of their sound recordings, in anymanner or form;The right to authorize the first public distribution ofthe original and copies of their sound recordingsthrough sale or rental or other forms of transferringownership;The right to authorize the commercial rental to thepublic of the original and copies of their soundrecordings, even after distribution by them or


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c. To deliver under oath, for impounding during thependency of the action, upon such terms andconditions as the court may prescribe, salesinvoices and other documents evidencing sales, allarticles and their packaging alleged to. infringe acopyrights and implements for making them.

d. To deliver under oath for destruction without anycompensation all infringing copies or devices, aswell as plates, molds, or other means for makingsuch infringing copes as the court may order.

e. To such other terms and conditions, including thepayment of moral and exemplary damages, whichthe court may deem proper, wise equitable and thedestruction of infringing copies of the work even inthe event of acquittal in a criminal case:

The copyright owner may elect, at any time before finaljudgment is rendered, to recover instead of actual damages andprofits, an award of statutory damages for all infringements involvedin an action in a sum of not more than fifty thousand pesos (PHP50,000). In awarding statutory damages, the court shall consider thefollowingfactors:

(1). The nature and purpose of the infringing act such aswhether it was of a commercial nature;

(2). The flagrancy of the infringement;

(3). Whether the defendant acted in bad faith;

(4). The need for deterrence;


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(5). Any loss that the plaintiff has suffered or is likely to sufferby reason of the infringement; and

(6). Any benefit shown to have accrued to the defendant byreason of the infringement.

In case the infringer was not aware and had no reason to believethat his/her acts constituted an infringement of copyright, the courtin its discretion may reduce the award of statutory damages to a sumof not more the ten thousand pesos (PHP 10,000.00).

216.2. In an infringement action, the court shall also have thepower to order the seizure and impounding of any article which mayserve as evidence in the court proceedings, in accordance with therules on search and seizure involving violations of intellectualproperty rights issued by the Supreme Court. (Sec. 28, P.D. No. 49a)

The foregoing shall not preclude an independent suit for reliefby the injured party by way of damages, injunction, accounts orotherwise.


217.2. In determining the number of years of imprisonment andthe amount of fine, the court shall consider the value of the infringingmaterials that the defendant has produced or manufactures and thedamage that the copyright owner has suffered by reason of theinfringement: Provided, That the maximum penalty stated in Sec,217.1 (A), (B), and (C) for the first, second, third and subsequentoffense, respectively shall be imposed when the infringement iscommitted by:


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I. The circumvention of effective technological measures; or

II, The removal or alteration of any electronic rightsmanagement information from a copy of a work, soundrecording, or fixation of a performance, by a person,knowingly and without authority; or

III. The distribution, importation for distribution, broadcast,or communication to the public of works or copies ofworks, by a person without authority, knowing thatelectronic rights management information has beenremoved or altered without authority.


Sec. 218. Affidavit Evidence. - 218.1. In an action under thisChapter, an affidavit made before a notary public by or on behalf ofthe owner of the copyright in any work or other subject matter andstating that:

(a) At the time specified therein, copyright subsisted m thework or other subject matter;

(b) He or the person named therein IS the owner of thecopyright; and

(c) The copy of the work or .other subject matter annexedthereto is a true copy thereof; ,

shall be admitted in evidence in any proceeding under thisChapter and shall be prima facie proof of the matters thereinstated until the contrary is proved, and the court before which


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such affidavit is produced shall assume that the affidavit wasmade by or on behalf of the owner of the copyright.

SEC.23. A new Section 220A shall be inserted after Section220.2 of R.A.No. 8293 to read as follows;

Sec. 220A. Disclosure of Information. -

220A. 1. Where any article or its packaging or an implementfor making it is seized or detained under a validsearch and seizure under this Act is, or isreasonably suspected by an authorized enforcementofficer to be in violation of this Act, the said officershall, wherever reasonably practicable, notify theowner of the copyright in question or his authorizedagent of the seizure or detention, as the case maybe.

220A. 2. In the circumstances described in the previousparagraph, an authorized enforcement officer maydisclose to the owner of the copyright or to hisauthorized agent the following:

a. The time, and the address or place of seizure or detentionof the article;

b. The name and address of the person from whom thearticle had been seized or detained;

c. The nature and quantity of articles seized or detained;

d. Any statement made to an authorized enforcement officerby the person in connection with the seizure or detention,


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either with the prior consent in writing of that person, orwithout such consent where the person is dead or cannotafter reasonable enquiries by an authorized enforcementofficer as to his whereabouts be found

220A.3. The owner of the copyright or his authorized agentseeking disclosure of any information or documentthat is not referred to in the previous paragraph orthat is not disclosed by the authorized enforcementofficer may apply to the court for an order requiringthe said officer to disclose such information ordocument and the court may on such an applicationmake such order for disclosure as it thinks fit.

SEC. 24. Chapter XVIIIof R.A. No. 8293 is hereby amended byadding a new Section at the end thereof to be denominated as Section224A, to read as follows:

Sec. 224A. Protection of Existing Subject Matter.

224A.l. The protection provided under Part IV of this Act shallalso apply to works, sound recordings and performances fixed insound recordings and broadcasting in existence upon the effectivity ofthis Act, and which are the subject of International Conventions,Treaties or Agreements to which the Philippines is a party, providedthat on such date the work, sound recording, or performance fixed ina sound recording has not yet fallen into the public domain in itscountry of origin or in the- Philippines through the expiry of the termof protection which was previously granted.

224A.2. Copies or works, sound recordings and performancesfixed in sound recordings that are newly protected solely as a result ofthe application of this Section which are in existence upon the


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effectivity of this Act may be sold or otherwise disposed of by theowner of such copy until the expiration of three (3) months from thedate of effectivity of this Act.

224.3 No other exercise of exclusive rights under this Act withrespect to such work, sound recording or performance fixed in asound recording shall be permitted without the consent of the authoror other right holder of such work, sound recording or performancefixed in a sound recording.

SEC.25. Section 226 of R.A. No. 8293 IS hereby amended toread as follows:

Sec. 226. Damages. - No damages may be recovered under thisAct after the lapse of four (4) years from the time the cause of actionarose. (Sec. 58, P.D. No. 49)

SEC. 26. Chapter XX of R.A. No. 8293 is hereby amended byadding a new Section at the end thereof to be denominated as Section230, to read as follows:

Sec. 230. Adoption of Intellectual Property (IP)Policies. - Schoolsand universities are encouraged to adopt intellectual property policiesthat would govern the use and creation of intellectual property withthe purpose of safeguarding the intellectual creations of the learninginstitution and its employees, and adopting locally establishedindustry practice fair use guideline. These policies may be developedin relation to licensing agreements entered into by the learninginstitution with a collective licensing organization.

SEC. 27. Section 230 of R.A. 8239 is hereby renumberedSection 231, and all succeeding sections of the same Act are herebyrenum bered accordingly .


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SEC. 28.Repealing Clause. -- All laws, decrees, executiveorders, issuances or regulations inconsistent with the provisions ofthis Act are hereby revised or amended accordingly.

SEC. 29. Separability Clause. -- If any part of this law isdeclared unconstitutional or invalid, such parts or provisions thereofnot so declared shall remain valid and subsisting.

SEC. 30. Effectivity Clause. - This Act shall take effect fifteen(15) days after its publication in al least two (2)newspapers of generalcirculation in the country.

Approved,

Documents

Cong Rufus Bill on Creation of Copyright Bureau