LAW ON COPYRIGHT

Republic Act No.8293

(Intellectual Property Code of the Philippines)

It is a codification of the countrys various intellectual property laws. Among the laws repealed
were Republic Act No.165 (established an independent patent system), Republic Act No.166
(governs trademark) and Presidential Decree No.49 known as the Decree on Intellectual
Property. The law also repealed Articles 188 and 189 (unfair competition) of the Revised Penal
Code.
The law was enacted primarily to give effect to the Agreement of Trade-Related Aspects of the
Intellectual Property Rights and what was referred to as TRIPS which was ratified by the
Philippine Senate on December 14, 1994.
The law became effective on January 1, 1998.
In the case of MIGHTY CORPORATION VERSUS E & J GALLO WINERY, G.R.NO. 154342,
JULY 14, 2004, THE HONORABLE SUPREME COURT RULED THAT REPUBLIC ACT NO.
8293 DOES NOT HAVE RETROACTIVE APPLICATION.
It is fundamental principle that the validity and obligatory force of a law proceed from the fact that
it has first been promulgated. To make a law binding even before it takes effect may lead to the
arbitrary exercise of the legislative power.
Section 241 of the IP law expressly decreed that it was to take effect only on January 1, 1998
without any provision for retroactive application.
 International Convention and Reciprocity

Any person who is a national or who is domiciled or has a real and effective industrial
establishment in a country which is a party to any convention, treaty or agreement relating to
intellectual property rights or the expression of unfair competition, to which the Philippines is also
a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to
benefits to the extent necessary to give effect to any provision of such convention, treaty or
reciprocal law, in addition to the rights to which any owner of an intellectual property right is
otherwise entitled by the law.
Case in point- MELBAROSE R. SASOT AND ALLANDALE R. SASOT VERSUS PEOPLE OF
THE PHILIPPINES ET.AL. G.R.NO. 14193 JUNE 29, 2005; LA CHEMISE LACOSTE, S.A.
VERSUS FERNANDEZ.

In upholding the right of the foreign corporation to maintain a suit before our courts for unfair
competition or infringement of trademarks of a foreign corporation, we are moreover recognizing
our duties and the rights of foreign states under the Paris Convention for the protection of
industrial property to which the Philippines and France are parties. We are simply interpreting and
enforcing a solemn international commitment of the Philippines embodied in a multilateral treaty
to which we are a party and which we entered into because it is our national interest to do so. (La
Chemise Lacoste, S.A. versus Fernandez)
 Definition of Intellectual Property Rights

The term intellectual property rights has a statutory definition consisting of: a)Copyright and
related rights; b)Trademarks and service marks; c) Geographic indications; d) Industrial designs;
e) Patents; f) Lay-out design (topographies) of Integrated circuits; and g) Protection of
undisclosed information.

In the case of ELIDAD KHO VERSUS COURT OF APPEALS, G.R. NO.115758, MARCH 19,
2002, the Honorable Supreme Court said that: Trademark, copyright and patents are different
intellectual property rights that cannot be interchanged with one another. A trademark is any
visible signs capable of distinguishing the goods (trademark) or services (service mark) of an
enterprise and shall include a stamped or marked container of goods. In relations thereto, a trade
name means the name or designation identifying or distinguishing an enterprise. Meanwhile, the
scope of a copyright is confined to literary and artistic works which are original intellectual
creations in the literary and artistic domain protected from the moment of their creations.
Patentable inventions, on the other hand, refer to any technical solution of a problem in any field
of human activity which is new, involves an inventive step and is industrially applicable.

Patents, trademark, and copyright, in other words, cannot be interchanged and must therefore be
taken separately. (PEARL & DEAN (PHIL) INC VERSUS SHOEMART, INC ET.AL
G.R.NO.148222, AUGUST 15, 2003.
 COPYRIGHT

COPYRIGHT is a legal concept that gives the creator of an original work exclusive rights to it,
usually for a limited period of time. At its most general, it is literally the right to copy, but gives
the copyright holder the right to be credited for the work, to determine who (if anyone) may adapt
the work to other forms, to determine who may perform the work, to benefit financially from the
work, and other related rights.
Unlike patents and trademark, copyright need not be registered. The law provides that intellectual
creations in the literary and artistic domain are protected from the moment of its creation.
Inventions are within the scope of patents. Assume, however, that the inventor authored a book
describing how to create that invention without actually producing the invention. The book, being
subject of copyright, is protected from the moment it was completed. Would this mean that the
invention described in the book is protected?
This was answered by the Honorable Supreme Court in the case of Pearl and Dean versus
Shoemart, G.R.No.148222, August 15, 2003, where the it said that a copyright over the drawing
will not extend to the actual object.
Copyright, in the strict sense of the term, is purely a statutory right. Being a mere statutory grant,
the rights are limited to what the statute confers. It may be obtained and enjoyed only with
respect to the subjects and by the persons, and on terms and conditions specified in the statute.
Accordingly, it can cover only the works falling within the statutory enumeration or description.
This makes the enumeration of the scope of copyright under section 172 very important.
 DEFINITION OF TERMS
Author- is the natural person who has created the work
Collective work-is a work which has been created by two or more natural persons at the initiative
and under the direction of another with the understanding that it will be disclosed by the latter
under his own name and the contributing natural persons will not be identified.
Communicate to the public- means the making of a work available to the public by wire or
wireless means in such a way that members of the public may access these works from a place
and time individually chosen by them.
Computer- is an electronic or similar device having information-processing capabilities
Computer Program- is a set of instructions expressed in words, codes, schemes or in any form
which is capable when incorporated in a medium that the computer can read, or causing the
computer to perform or achieve a particular task.
Public Lending-is the transfer of possession of the original or a copy of a work or sound recording
for a limited period, for non-profit purposes, by an institution the services of which are available to
the public, such as public library or archive.
Public performance- in case of work other than an audiovisual work,-is the recitation, playing,
dancing acting or otherwise performing the work either directly or by means of any device or
process. (theater)
*corp-cannot own copyright but can be assignees
*collective work not same with joint ownership
 Continuation of Definition of Terms

Public performance, in case of audiovisual works, -is the showing of its images in sequence and
the making of the sounds accompanying it audible; and in case of sound recording, making the
recorded sounds audible at a place or at places where persons outside the normal circle of a
family and that familys closest social acquaintances are or can be present, irrespective of whether
they are or can be present at the same place and at the same time/and or at different times,
where the performance can be perceived without the need for communication.

Published Works- means works, which with the consent of the authors are made available to the
public by wire or wireless means in such a way that members of the public may access these
works from a place and time individually chosen by them.

Rental- is the transfer of the possession of the original or copy of the work or sound recording for
a limited period of time, for profit-making purposes.

Work of applied Art- is an artistic creation with utilitarian functions or incorporated in a useful
article, whether made by hand or produced on an industrial scale.
Work of the Government of the Philippines-is a work created by an officer or employee of the
Philippine government or any of its subdivisions and instrumentalities, including government
owned and controlled corporations, as part of his regularly prescribed official duties.
 ORIGINAL WORKS

Literary and Artistic Works- are referred to as works, are original creations in the literary and
artistic domain protected from the moment of their creation.
It includes the following; books, pamphlets, articles and other writings; Periodicals and
newspapers; Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or
not reduced in writing or other material form; Letters; Dramatic or dramatic musical compositions;
choreographic works or entertainment in dumb shows; Musical compositions, with or without
words; Works of drawing, painting, architecture, sculpture, engraving, lithography or other works
of art; models or designs for works of art; Original ornamental designs or models of manufacture,
whether or not registrable as an industrial design and other works of applied art; Illustrations,
maps, plans, sketches, charts and three dimensional works relative to geography, topography,
architecture or science; drawings or plastic works of a scientific or technical character;
photographic works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings; Pictorial illustrations and
advertisements; computer programs; and other literary, scholarly, scientific, and artistic works.

The works are protected by the sole fact of their creation, irrespective of their mode or form of
expressions, as well as of their content, quality, and purpose.
 DERIVATIVE WORKS

Dramatizations, translations, adaptations, abridgments, arrangements, and

other alterations of literary or artistic works
Collections of Library, scholarly or artistic works, and compilations of data and
other materials which are original by reason of the selection or coordination or
arrangement of their contents.

The works referred to above shall be protected as a new works; provided,

however, that such new work shall not affect the force of any subsisting
copyright upon the original works employed or any part thereof, or be
construed to imply to such use of the original works, or to secure or extend
copyright in such original works.
Published edition of works-in addition to the right to publish granted by the
author, his heirs and assigns, the publisher shall have a copy right consisting
merely of the right or reproduction of the typographical arrangement of the
published edition of the work.
Derivatives works are creations that are based on an existing work. A song
that is a re-make of an old song is an example.
 COPYRIGHT OR ECONOMIC RIGHTS

Subject to the provisions of Chapter VIII, copy right or economic rights

shall consist of the exclusive right to carry out, authorize, or prevent the
following acts:
1.Reproduction of the work or substantial portion of the work
2.Dramatization, translation, adaptation, abridgment, arrangement or other
transformation of the work
3.First public distribution of the original and each copy of the work by sale or
other forms of transfer of ownership
4.rental of the original or a copy of an audiovisual or cinematographic work, or a
work embodied in a sound recording, a computer program, a compilation of data
and other materials or a musical work in graphic form, irrespective of the
ownership of the original or the copy which is the subject of the rental
5.Public display of the original or a copy of the work
6.Public performance of the work
7. Other communication to the public of the work
 OWNERSHIP OF COPYRIGHT

Copyright ownership shall be governed by the following rules:

1.In case of the original literary and artistic works, copyright shall belong to the author of the works.
2.In case of joint authorship, the co-authors shall be the original owners of the copyright and in the absence
of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint
authorship consist of parts that can be used separately and the author of each part can be identified, the
author of each part shall be the original owner of the copyright in the part that he has created.
3.In case of work created by an author during and in the course of his employment- the employee is the
owner if the creation of the object of copyright is not part of his regular duties even if he uses the time,
facilities, and materials of the employer. The employer is the owner if the work is the result of the
performance of the employees regularly assigned duties, unless there is an agreement to the
contrary. (copyright belongs to the employer; object and copyright are distinct;
4. In case of a of work commissioned by a person other than an employer the author who pays for it
and the work is made in pursuance of the commission, the person who so commissioned the work
shall have ownership of the work, but the copyright thereto shall remain with the creator, unless
there is a written stipulation to the contrary.
5. In case of audiovisual work, the copy right shall belong to the producer, the author of the
scenario, the composer of the music, the film director, and the author of the work so adapted.
However, subject to contrary stipulations among the creators, the producers shall exercise the
copyright to an extent required for the exhibition of the work in any manner, except for the right to
collect performing license fees for the performance of musical compositions, with or without
words, which are incorporated into the works.
6. In respect to letters, the copyright shall belong to the writer. For anonymous and Pseudonymous
works, the Publishers shall be deemed to represent the authors of the articles and other writings
published without names of the authors or under pseudonyms, unless the contrary appears.
 TRANSFER AND ASSIGNMENT OF COPYRIGHT

Copyright may be assigned in whole or in part:

Within the scope of the assignment, the Assignee is entitled to all the rights and remedies which
the Assignor had with respect to the copyright. (including economic rights)
The copyright is not deemed assigned inter vivos in whole or in part unless there is a written
indication of such intention. (never implied; after death=succession to heirs)
The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical
for publication shall constitute only a license to make a single publication unless a greater right is
expressly granted. If two or more persons jointly own a copyright or any part thereof, neither of
the owners shall be entitled to grant licenses without the prior written consent of the other co-
owner/s.
Copyright and Material Object- the copyright is distinct from the property in the material object
subject to it. Consequently, the transfer and assignment of the copyright shall not itself constitute
a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or
several copies of the work imply transfer or assignment of copyright. (upon sale of book to
another, doesnt transfer copyright to the buyer)
An assignment or exclusive license may be filed in duplicate with the National Library upon
payment of the prescribed fee for registration in books and records kept for the purpose. Upon
recording, a copy of the instrument shall be, returned to the sender with a notation of the fact of
record. Notice of the record shall be published in the IPO gazette.
The copyright owners or their heirs may designate a society of artist, writers or composers to
enforce their economic rights and moral rights on their behalf.
 Columbia Pictures,Inc vs Court of Appeals
G.R.No.110318, 8/28/96

Columbia Pictures, Inc. v. Court of Appeals:[42]

Infringement of a copyright is a trespass on a private
domain owned and occupied by the owner of the
copyright, and, therefore, protected by law, and
infringement of copyright, or piracy, which is a
synonymous term in this connection, consists in the doing
by any person, without the consent of the owner of the
copyright, of anything the sole right to do which is
conferred by statute on the owner of the copyright.
(Emphasis supplied)
Significantly, under Section 5(A), a copyright owner is
vested with the exclusive right to copy, distribute,
multiply, [and] sell his intellectual works.
 Joaquin, Jr vs Drilon
GR NO.108946 1999

Copyright, in the strict sense of the term, is purely a statutory right. It is a new or independent right granted by the
statute, and not simply a pre-existing right regulated by the statute. Being a statutory grant, the rights are only
such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and by the
persons, and on terms and conditions specified in the statute.[12]
Since . . . copyright in published works is purely a statutory creation, a copyright may be obtained only for a work
falling within the statutory enumeration or description.[13]
Regardless of the historical viewpoint, it is authoritatively settled in the United States that there is no copyright
except that which is both created and secured by act of Congress . . . .[14]
P.D. No. 49, 2, in enumerating what are subject to copyright, refers to finished works and not to concepts. The
copyright does not extend to an idea, procedure, process, system, method of operation, concept, principle, or
discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.[15]
Thus, the new INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES provides:
Sec. 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection
shall extend, under this law, 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.
What then is the subject matter of petitioners copyright? This Court is of the opinion that petitioner BJPIs
copyright covers audio-visual recordings of each episode of Rhoda and Me, as falling within the class of works
mentioned in P.D. 49, 2(M), to wit:
Cinematographic works and works produced by a process analogous to cinematography or any process for
making audio-visual recordings;
The copyright does not extend to the general concept or format of its dating game show. Accordingly, by the very
nature of the subject of petitioner BJPIs copyright, the investigating prosecutor should have the opportunity to
compare the videotapes of the two shows.
 LIMITATIONS ON COPYRIGHT

The following shall not constitute infringement copy right:

The recitation or performance of a work, once its has been lawfully made accessible to the public,
if done privately and free of charge or if made strictly for a charitable or religious institution or
society.
The making of quotations from a published work if they are compatible and fair and only to the
extent justified for the purpose, including quotations from newspaper articles and periodicals in
the form of press summaries: Provided, that the source and the name of the author, if appearing
on the work, are mentioned.
The reproduction or communication to the public by mass media of articles on current political,
social, economic, scientific, or religious topic, lectures, addresses and other works of the same
nature, which are delivered in public if such use for information purposes and has not been
expressly reserved: Provided, that the source is clearly indicated.
The reproduction and communication to the public of literary, scientific or artistic works as part of
reports as part of reports of current events by means of photography, cinematography or
broadcasting to the extent necessary for the purpose.
The inclusion of a work in a publication, broadcast or other communication to the public, sound
recording or film, if such inclusion is made by way of illustration for teaching purposes and is
compatible with fair use: Provided, that the source and of the name of the author, if appearing in
the work, are mentioned.
 Continuation-Limitation

The recording made in schools, universities, or educational institutions of a work included in a

broadcast for use of such schools, universities or educational institutions:Provided, that such
recording must be deleted within a reasonable period after they first broadcast:Provided, further,
that such recording may not be made from audiovisual works which are part of the general
cinema repertoire of feature films except for brief excerpts of the work.
The making of ephemeral recording by a broadcasting organization by means of its own facilities
and for use of its own broadcast. (Ephemeral-lasting for a short period of time only)
The use made of a work by or under the direction or control of the government, by the National
Library or by educational, scientific or professional institutions where such use is in the public
interest and is compatible with fair use.
The public performance or the communication to the public of a work, in a place where no
admission fee is charged in respect of such public performance or communication, by a club or
institution for charitable or educational purpose only, whose aim is not for profit making, subject to
such other limitations as may be provided in the regulations.
Public display of the original or a copy of the work not made by means of a film, slide, television
image or otherwise on screen or be means of any other device or process: Provided, that either
the work has been published, or, that the original or the copy displayed has been sold, given
away or otherwise transferred to another person by the author or his successor in title; and,
Any use made of a work for the purpose of any judicial proceedings or for the giving of
professional advice by legal practitioner.
 FAIR USE OF A COPYRIGHTED WORK

The fair use of a copy righted work for criticism, comment, news reporting, teaching including
multiple copies for classroom use, scholarship, research, and similar purpose is not an
infringement of copyright. Decompilation-which is understood here to be the reproduction of the
code and translation of the forms of the computer program to achieve the inter-operability of an
independently created computer-program with other programs may constitute fair use.
Factors to be considered in determining fair use:
1.The purpose and character of the use, including whether such use is of commercial nature or is
for non-profit educational purposes.
2.The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a
whole
4.The effect of the use upon the potential market for or value of the copyrighted work.

Fair use is using somebody elses work fairly, that is, what is reasonable under the
circumstances. It is a universally accepted limitation to copyright.

See the case of Habana et.al versus Robles and Goodwill Trading, G.R.No.131522, July 19,
1999.
 Limitations/Fair Use

Work of Architecture- copyright in a work of architecture shall include the right to control the
erection of any building which reproduces the whole or substantial part of the work either in its
original form or in any form recognizable derived from the original; Provided, that the copyright in
any such work shall not include the right to control the reconstruction or rehabilitation in the same
style as the original of a building to which the copyright relates.
The private reproduction of a published work in a single copy, where the reproduction is made by
a natural person exclusively for research and private study, shall be permitted without the
authorization of the owner of the copyright in the work. However, it shall extend to the
reproduction of the following:
1.A work of architecture in form of building or other construction
2.An entire book, or a substantial past thereof, or of a musical work in graphics form by
reprographic means.
3. A compilation of data and other materials
4.A computer program except the reproduction in one back up copy or adaptation of a
computer program as provided in Section 189
Any work in cases where reproduction would unreasonably conflict with a normal
exploitation of the work or would otherwise unreasonably prejudice the legitimate interest of
the author.
 Continuation-Fair Use

Any library or archive whose activity are not for profit may, without the authorization of the author
of copyright owner, make a single copy of the work by reprographic reproduction where the work
by reason of its fragile character or rarity cannot be lent to users in its original form; where the
works are isolated articles contained in composite works or brief portions of other published
works and the reproduction is necessary to supply them.
The importation of a copy of a work by an individual for his personal purposes shall be permitted
without the authorization of the author of, or other owner of copyright, in the work under the
following circumstances; When the copies of the work are not available in the Philippines and not
more than one (1) copy at one time is imported for strictly individual use only or the importation is
by authority of and for the use of the Philippine government or the importation of not more than
three copies or likeness in one invoice, is not for sale but for use only of any religious, charitable,
or educational society or institution duly incorporated or registered.
 DEPOSIT AND NOTICE

After the first public dissemination of performance by authority of the copyright owner
of a work falling under subsection 172.2, 172.2, and 172.3, there shall, for the
purpose of completing the records of the National Library and the Supreme Court
Library, within three (3) weeks, be registered and deposited with it, be personal
delivery or be registered mail, two complete copies or reproductions of the work in
such form as the directors of said libraries may prescribe. A certificate of deposit shall
be issued for which the prescribed fee shall be collected and the copyright owner
shall be exempt from making additional deposit of the work with the National Library
and the Supreme Court Library. Failure of the copyright owner to comply with required
deposit after three weeks from date of demand, the copyright owner shall be liable to
pay a fine equivalent to the required fee per month of delay.

Each copy of a work published or offered for sale may contain a notice bearing the
name of the copyright owner, the year of its first publication, and, in copies produced
after the creators death, the year of such death.
 MORAL RIGHTS OF COPYRIGHT OWNER

To require that the authorship of the works be attributed to him, in particular, the right that his
name,as far as practicable, be indicated in a prominent way on the copies, and in connection with
the public use of his work.
To make alterations of his work prior to, or to withhold it from publication.
To object to any distortion, mutilation, or other modification of, or other derogatory action in
relation to, his work which would be prejudicial to his owner or reputation.
To restrain the use of his name with respect to any work not of his own creation or in a distorted
version of his work.
An author cannot be compelled to perform his contract to create a work or for the publication of
his work already in existence. However, he may be held liable for damages for breach of such
contract.
An author may waive his moral rights by a written instrument but no waiver shall be valid where
its effect is to permit another to use the name of the author or the title of his work or otherwise to
make use of his reputation or to use the name of the author of the work he did not create.
The moral rights of an author shall last during the lifetime of the author and for 50 years after his
death and shall not be assignable or subject to license.
 LIMITATIONS ON PROTECTION

The class designation of copyrightable works under R.A.8293 have the following
terms of protection:
For Literary works- lifetime of the author and for 50 years after his/her death. (Section
172 a,b,c,d,e,f,g,h,I,j,m,n,o)
For Applied Art-25 years from date of making of the work (Sec. 172 class H)
For Photographic work- 50 years from publication of the work and for (class K)
unpublished 50 years from date of making of the work.
Audio-Visual work- 50 years from the publication and if unpublished (class L) from
date of the making of the work.
Sound Recording- 50 years from the end of the year in which (class P) recording took
place.
Broadcast Recording- 20 years from date the broadcast (class Q) took place.

Calculation of Term- the term of protection subsequent to the death of the author shall
run from the date of his death or of publication but such terms shall always be
deemed to begin on the first day of January of the year following the event.
 Terms of Protection for Performers, Producers
and Broadcasting Organizations
Sec. 203, 208, and 211

The rights granted to performers, Producers and Broadcasting Organizations shall

expire:
For performances not incorporated in recordings- 50 years from end of the year in
which the performance took place
For sound or image and sound recording and for performances incorporated therein-
50 years from the end of the year in which the recording took place.

Term of Protection of Joint authorship and Anonymous or Pseudonymous Works:

For Joint authorship- during the life of the last surviving author and 50 years after his
death.

For Anonymous or Pseudonymous works- 50 years from date on which the work was
first lawfully published: provided, that where, before the expiration of said period, the
authors identity is revealed or is no longer in doubt, the provisions of subsections
213.1 and 213.2 shall apply, as the case may be. Provided, further, if such work is not
published before shall be protected for 50 years counted from the making of the work.
 INFRINGEMENT

REMEDIES FOR INFRINGEMENT

SEE SEC.216.1 A, B,C, D, AND E
CRIMINAL AND CIVIL LIABILITY SEC. 217
ANTON PILLER ORDER- One of the IP law effective nuclear
weapon. It is an order made ex-parte whereby the IP court orders
the defendant to disclose documents and information relating to
alleged wrongful activities. It is an order that requires a defendant to
permit the plaintiff and his representatives access to his premises
for the purpose of looking for documents and items. It was adopted
by the Supreme Court and approved on January 22, 2002 known as
the Rules on Search and Seizure in Civil Action for Infringement of
IPR.
The Sc has designated Regional Trial Courts as special courts on IP
cases.
 CASES ON COPYRIGHT INFRINGEMENT

NBI-MICROSOFT CORP. VERSUS JUDY HWANG, ET.AL., G.R.NO.147043, JUNE 21, 2005-
Infringement of copyright is a trespass on private domain owned and occupied by the owner of
the copyright, and, therefore, protected by law, and infringement of copyright, or piracy, which is
synonymous term in this connection, consist in the doing by an person, without the consent of the
owner of the copyright, of anything the sole right to which is conferred by statute on the owner of
the copyright.

MANLY SPORTSWEAR MANUFACTURING, INC VERSUS DADODETTE ENTERPRISE

AND/OR HERMES SPORTS CENTER, G.R.NO.165306, SEPTEMBER 20, 2005.-The certificate
of registration and deposit issued by the National Library and the Supreme Court Library serve
merely as notice of recording and registration of the work but do not confer any right or title upon
the registered copyright owner or automatically put his work under the protective mantle of the
copyright law. It is not a conclusive proof of copyright ownership. As it is, non-registration and
deposit of the work within the prescribed period only makes the copyright owner liable to pay a
fine.
PACITA HABANA, ET.AL. VERSUS FELICIDAD ROBLES AND GOODWILL TRADING,
G.R.NO.131522, JULY 19, 1999 where the Supreme Court ruled that there is a clear case of
appropriation of copyrighted work for her benefit that respondent Robles committed. Petitioners
work as authors is the product of their long and assiduous research and for another to represent
it as her own is injury enough. In copyrighting books the purpose is to give protection to the
intellectual product of an author.