Do you have a creative side that you like to indulge? Many creative spirits like to express themselves through some form of art. Some treat their art as a simple hobby to relax and unwind with. Others take it seriously as a career or a serious commitment. Regardless of their path, however, many artists are protective of their work and want to protect it from crimes such as plagiarism or unauthorized distribution. This is where copyright comes in. Here’s what you need to know.
What is Copyright?
Copyright protects an owner’s literary, scientific, or artistic creations. Books, songs (with or without words), illustrations, photographs, cinematographic works, and computer programs are some of the many works that copyright protection covers.
If you’d like to have your work protected under copyright law, you will need to register it with the Intellectual Property Office (IPOPHIL). In the Philippines, copyright protection lasts for the entirety of the author’s lifespan, plus an additional fifty (50) years after the author’s death. Once such copyright protection expires, it enters the public domain, granting the public free access and rights to use it in any way they want.
Copyright also protects derivative works, which are based on works that already exist. Creators who want to create something based on an existing piece will not be violating the original piece’s copyright protection. Examples of derivative works include adaptations, translations, or other alterations of literary or artistic works. Collections of works, such as a short story collection, are also derivative works.
While copyright protection covers a fast number of literary, scientific and artistic creations, there are some works that are unprotected. These include:
- 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; and
- Any official text of a legislative, administrative or legal nature, as well as any official translation thereover.
In addition, no copyright shall subsist in any work of the Government of the Philippines. This is all according to the Intellectual Property Code.
Does this mean works without copyright are unprotected?
No. From the moment a piece of copyrightable work is created and fixed in a tangible medium, it is automatically protected by The Intellectual Property Code of the Philippines (IP Code). Said law does not require registration of the work to fully recover in an infringement suit.
However, there are still benefits to official registration, such as:
- It easily serves as proof of ownership. Having your ownership on paper is a powerful advantage should you ever find yourself in a copyright infringement case.
- It attaches your name to the work. Copyrighting your work creates a public record of your connection to the work and that the public is notified thereof.
How do I register my work for copyright?
- Download the BCRR Transaction form from the website of the Intellectual Property Office of the Philippines (IPOPHIL) or you may download it here: https://drive.google.com/file/d/1HL2yMBNfa2ATmf9Py1QVgUwItb4p60_u/view
- Complete and send your requirements to copyright_registration@ipophil.gov.ph. The requirements you need to submit depend on the type of work you are trying to copyright. You can see a detailed chart of requirements here, so that you may check what applies to your case.
You can check the requirements here: https://drive.google.com/file/d/1jG8thdOJGN7FLjvJ83zZOuoLkPEms5xc/view
- Pay the fees online. You will receive a Statement of Account (SOA) indicating the fees due within a period to settle payment. Once paid, you will then receive a copy of the IPOPHIL electronic receipt.
- The BCRR will create, issue, and send you an eCertificate of Copyright of Registration and Deposit (eCRD) through e-mail once they have received your payment.
