Free use of copyrighted work is allowed underneath the honest use precept of the Intellectual Property Code of the Philippines however with limitations, an Intellectual Property Office of the Philippines (IPOPHL) official stated Thursday.
During a televised public briefing, lawyer Exequiel Valerio of IPOPHL’s Bureau of Copyright and Related Rights stated the nation’s Intellectual Property Code considers the next elements:
- the aim and character of the usage of copyrighted work
- the character of the copyrighted work
- the quantity and substantiality of the portion taken from copyrighted work, and
- the impact of the use upon the potential market
“Under the principle of fair use, you can use a copyrighted work without asking permission from the owner for free, meaning you won’t need to pay for music royalties, depending on the purpose of the use of copyrighted work,” Valerio stated.
“Did you use it for commercial or educational purpose? It also depends on the amount of the substantiality of the use of the copyrighted work. How big or small was the amount of copyrighted work that you used? Kung isang linya ng kanta, sa palagay ko, magiging strong instruction ‘yan for fair use, compared sa kung buong kanta,” he added.
Valerio made the response when requested if the usage of one line of a music in a tv present would already require fee of music royalty.
Valerio additionally stated the usage of the instrumental half or the melody of the music, even with out the lyrics, can also be protected since copyright legislation supplies safety of the work from the second of creation.
Valerio, nonetheless, conceded that honest use of copyrighted work is just not a tough and quick rule.
“It really depends on the copyright owner. Because there are times when the instrumental part [of the song] or the melody are done by a different creator…the creator of the melody is different from the creator of the lyrics,” he identified.
“So even if you are using an instrumental alone, you will also have to ask permission from the copyright owner, unless you are only going to use it for a little time which can be fair use. It will also depend on the court how it will decide on this issue.”
Under the Intellectual Property Code of the Philippines, the next should not thought-about copyright violations:
- recitation or efficiency of a piece, as soon as it has been lawfully made accessible to the general public, if completed privately and freed from cost or if made strictly for a charitable or spiritual establishment or society;
- making of quotations from a printed work if they’re suitable with honest use and solely to the extent justified for the aim, together with quotations from newspaper articles and periodicals within the type of press summaries (offered that the supply and the title of the creator, if showing on the work, are talked about);
- replica or communication to the general public by mass media of articles on present political, social, financial, scientific or spiritual subject, lectures, addresses and different works of the identical nature, that are delivered in public if such use is for data functions and has not been expressly reserved: Provided, That the supply is clearly indicated;
- replica and communication to the general public of literary, scientific or inventive works as a part of studies of present occasions via pictures, cinematography or broadcasting to the extent essential for the aim;
- inclusion of a piece in a publication, broadcast, or different communication to the general public, sound recording or movie, if such inclusion is made by means of illustration for instructing functions and is suitable with honest use: Provided, That the supply and the title of the creator, if showing within the work, are talked about;
- recording made in colleges, universities, or academic establishments of a piece included in a broadcast for the usage of such colleges, universities or academic establishments: Provided, That such recording have to be deleted inside an affordable interval after they have been first broadcast: Provided, additional, That such recording might not be created from audiovisual works that are a part of the final cinema repertoire of function movies apart from transient excerpts of the work;
- making of ephemeral recordings by a broadcasting group via its personal amenities and to be used in its personal broadcast;
- use made from a piece by or underneath the course or management of the Government, by the National Library or by academic, scientific or skilled establishments the place such use is within the public curiosity and is suitable with honest use;
- public efficiency or the communication to the general public of a piece, in a spot the place no admission price is charged in respect of such public efficiency or communication, by a membership or establishment for charitable or academic objective solely, whose purpose is just not revenue making, topic to such different limitations as could also be offered within the laws;
- public show of the unique or a duplicate of the work not made via a movie, slide, tv picture or in any other case on display or via some other gadget or course of (offered that both the work has been printed, or, that the unique or the copy displayed has been bought, given away or in any other case transferred to a different individual by the creator or his successor in title); and
- any use made from a piece for the aim of any judicial proceedings or for the giving {of professional} recommendation by a authorized practitioner.
—KBK, GMA Integrated News
Source: www.gmanetwork.com
