Commons:Copyright rules by territory/Philippines
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Copyright rules: the Philippines Shortcut: COM:Philippines | |
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.svg) | |
| Durations | |
|---|---|
| Standard | Life + 50 years |
| Photograph | Create/publish + 50 years |
| Anonymous | Create/publish + 50 years |
| Audiovisual | Create/publish + 50 years |
| Posthumous | Life + 50 years |
| Government | Free |
| Applied art | Create + 25 years |
| Other | |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Philippines}} {{PD-PhilippinesGov}} |
| ISO 3166-1 alpha-3 | PHL |
| Treaties | |
| Berne convention | |
| Univ. Copyright Convention | |
| WTO member | |
| URAA restoration date* | |
| WIPO treaty | |
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*A work is usually protected in the US if it is a type of work copyrightable in the US, published after 1924 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of the Philippines relevant to uploading works into Wikimedia Commons. Note that any work originating in the Philippines must be in the public domain, or available under a free license, in both the Philippines and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from the Philippines, refer to the relevant laws for clarification.
Background
The Philippines archipelago was colonized by Spain from the 16th century. The country declared independence after the Spanish American War of 1898. Spain had ceded the Philippines to the United States, which recolonized the country in 1899–1902. The Philippines regained independence on 4 July 1946.
The Philippines has been a member of the Berne Convention since 1 August 1951, the Universal Copyright Convention since 19 November 1955, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 4 October 2002.[1]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Intellectual Property Code of the Philippines (Republic Act No. 8293) (2015 Edition) as the main IP law enacted by the legislature of the Philippines.[1] WIPO holds the text of this law in their WIPO Lex database.[2]
General rules
According to the IP Code of the Philippines (Act No. 8293) (2015 Edition),
- Literary and artistic works works are protected during the life of the author and for 50 years after his death. This rule also applies to posthumous works.[8293/2015 Section 213.1]
- Works of joint authorship are protected during the life of the last surviving author and for 50 years after his death.[8293/2015 Section 213.2]
- Anonymous or pseudonymous works where the author's identity is not revealed are protected for 50 years from the date on which the work was first lawfully published, or if the work is not published for 50 years from the making of the work.[8293/2015 Section 213.3]
- Works of applied art are protected for 25 years from the date of making.[8293/2015 Section 213.4]
- Photographic works are protected for 50 years from publication of the work and, if unpublished, for 50 years from the making.[8293/2015 Section 213.5]
- Audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings, the term is 50 years from date of publication and, if unpublished, from the date of making.[8293/2015 Section 213.6]
- The terms of protection provided in section 213 are always be deemed to begin on the first day of January of the year following the event which gave rise to them.[8293/2015 Section 214]
- Sound or Image and Sound recordings are protected for 50 years from the end of the year in which the recording took place.[8293/2015 Section 215.1]
- Broadcasts are protected for 20 years from the date the broadcast took place.[8293/2015 Section 215.2]
Works not protected
No protection shall extend to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[8293/2015 Section 175]
No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use for any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character.[8293/2015 Section 176.1]
However, the clause for prior approval is determined to be a non-copyright restriction and can be safely ignored for the purposes of Wikimedia Commons by policy. Therefore works of the Philippine Government is considered to be under the Public Domain. See discussion for {{PD-PhilippineGov}}.
Copyright tags
See also: Commons:Copyright tags
- {{PD-Philippines}} – for public domain Philippine images whose copyrights expired or released into the public domain.
- {{PD-PhilippinesGov}} – for works of the government of the Philippines exempted from copyright as stated by Republic Act No. 8293.
Currency
See also: Commons:Currency
Not OK. For reproductions of legal tender notes or metallic copies of legal tender coins.
OK. For copies of notes and coins that are no longer legal tender, and for non-metallic reproductions of coins.
No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit.[8293/2015 Section 176.1] The Central Bank of the Philippines prohibits making, distributing or using:
- Any handbill, advertisement, placard, circular, card, or any other object whatsoever bearing the facsimile, likeness or similitude of any legal tender Philippine currency note, or any part thereof, whether in black and white or any color or combination of colors, without prior authority therefore having been secured from the Governor, BSP or his duly authorized representative.
- Any object whatsoever bearing the likeness or similitude as to design, color or the inscription thereon of any legal tender Philippine currency coin or any part thereof, in metal form, irrespective of size and metallic composition, without prior authority from the Governor, BSP or his duly authorized representative.[3]
Freedom of panorama
See also: Commons:Freedom of panorama
Not OK: Works which do not fall within any of the exceptions below.
OK: Buildings completed prior to August 1, 1951. Philippine copyright law previously followed U.S. copyright law, which did not protect buildings until 1990.
Maybe: Buildings completed prior to November 14, 1972. On this date, Presidential Decree No. 49 was issued formally protecting works of architecture. The Philippines had joined the Berne Convention (which includes protection of architectural works) in 1951, but it is unclear whether buildings were actually protected as there is no known case law for the period between 1951 and 1972.
OK: Works which are too simple to generate copyright protection.
The IP Code of the Philippines (Act No. 8293) (2015 Edition), Chapter VIII ("Limitations on copyright) does not appear to make any exception for photographs of copyrighted works.[8293/2015 Chapter VIII Section 184–190]
Architectural works and works of applied art are included among the "literary and artistic works,"[8293/2015 Chapter II Section 172.1] and are protected by copyright "irrespective of their mode or form of expression, as well as of their content, quality and purpose."[8293/2015 Chapter II Section 172.2]
Wikipedian Ijon met with the Director of the Intellectual Property Office of the Philippines in November 2011, and asked about the freedom of panorama. The Director said "The law is silent on the matter," and said they are waiting for a case law to settle the question one way or another. The matter has not reached the Supreme Court yet.
Stamps
See also: Commons:Stamps/Public domain
use Works by the government of the Philippines are not protected by copyright. A prior approval of the government is necessary for exploitation of such works for profit. However, the clause for prior approval is determined to be a non-copyright restriction and can be safely ignored for the purposes of Wikimedia Commons by policy. (See discussion).
See also
Citations
- ↑ a b Philippines Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
- ↑ Intellectual Property Code of the Philippines (Republic Act No. 8293) (2015 Edition). the Philippines (2015). Retrieved on 2018-11-08.
- ↑ Rules and Regulations on the Reproduction and/or Use of Legal Tender (excerpts from Circular No. 61 1995). Bangko Sentral ng Pilipinas. Retrieved on 2019-01-28.