WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/PHL/C/6
1 August 2001
(01-3812)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
PHILIPPINES
The present document reproduces the text1 of the Copyright Safeguards and Regulations, as
notified by the Philippines under Article 63.2 of the Agreement (see document IP/N/1/PHL/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
PHILIPPINES
Le présent document contient le texte
1 des sauvegardes et réglementations en matière de droit
d'auteur, notifiées par les Philippines au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/PHL/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
FILIPINAS
En el presente documento se reproduce el texto
1 de las Salvaguardias y Reglamentos en la
esfera del derecho de autor, notificado por Filipinas en virtud del párrafo 2 del artículo 63 del
Acuerdo (véase el documento IP/N/1/PHL/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/PHL/C/6
Page 2
August 13, 1999
COPYRIGHT SAFEGUARDS AND REGULATIONS
PART I
GENERAL PROVISIONS
Rule 1
State Policy and Statutory Basis
SECTION 1. State Policy . — The State recognizes that an effective intellectual
and industrial property system is vital to the development of creative activity. To this
end, it shall streamline and liberalize administrative procedures of registering
copyright and enhance the enforcement of intellectual property rights in the
Philippines.
SECTION 2. Statutory Basis . — Section 228 of Republic Act No. 8293,
otherwise known as the Intellectual Property Code of the Philippines (hereinafter to be
referred to as IPC), provides as follows:
“Sec. 228. Public Records . — The section or division of the National
Library and the Supreme Court Library charged with receiving copies
and instruments deposited and with keeping records required under thisAct and everything in it shall be opened to public inspection.  The
Director of the National Library is empowered to issue such safeguards
and regulations as may be necessary to implement this Section and other
provisions of this Act.”
These Copyrights Safeguards and Regulations are, therefore, issued pursuant to the
aforequoted provision of the IPC.
Rule 2
Definition of Terms
For the purpose of these Copyright Safeguards and Regulations, the following
terms are herein defined:
Author  is the natural person who has created the work;
Collective work  is work which has been created by two (2) 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 that contributing naturalpersons will not be identified;IP/N/1/PHL/C/6
Page 3
Communication to the public  or 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 program  is a set of instructions capable, when incorporated in
machine-readable medium, of causing a machine having information-processingcapabilities, to indicate, perform, or achieve a particular function, task, or result;
Copyright is a right granted by statute to the author or originator of literary,
scholarly, scientific, or artistic productions, including computer programs. A
copyright gives him the legal right to determine how the work is used and to obtain
economic benefits from the work. For example, the owner of a copyright for a book or
a piece of software has the exclusive rights to use, copy, distribute, and sell copies ofthe work, including later editions or versions of the work. If another person
improperly uses material covered by a copyright, the copyright owner can obtain legal
relief;
Copyright Office  refers to the Copyright Division of the National Library;
Copyright symbol  is represented by ©;
Date of publication  is the earliest date when a copy of the first authorized
edition of the work was placed on sale, sold, distributed, or otherwise made available
to the public, by the copyright owner or his representative;
Decompilation means the reproduction of the code and the translation of the
forms of a computer program to achieve the inter-operability of an independently-
created computer program with other programs;
Exhibition of an audiovisual work  means any form of exploitation of a work,
including its distribution in copies, its public performance, and its communication to
the public, including broadcast or rebroadcast, cable retransmission, or satellitebroadcast or transmission;
Fee refers to the amount prescribed by The National Library for the issuance of
a Certificate of Registration and Deposit to claim copyright or for the filing of
assignment or license, or for such other services or transactions as may be covered by
these Copyright Safeguards and Regulations;
Performance  symbol is represented by p;IP/N/1/PHL/C/6
Page 4
Public lending  is the transfer of possession of the original or a copy of a work
or multimedia for a limited period,  for non-profit purposes,  by an institution the
services of which are available to the public,  such as a public library or archive;
Public performance is the recitation, playing, dancing, acting or any
performance of the work, either directly or by means of any device or process; in the
case of an audiovisual work, the broadcast or showing of its images in sequence andthe making of the sounds accompanying it audible; and in the case of a sound
recording, the making of the recorded sounds audible at a place or at places where
persons outside the normal circle of a family and that family’s closed 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, or at different places and/or different times,
and where the performance can be perceived without the need for communication
within the meaning of “communication to the public” defined above;
Published work  means work which, with the consent of the author, is made
available to the public by wire or wireless means in such a way that members of the
public may access the work from a place and time individually chosen by them:
Provided , That availability of such copies has been such as to satisfy the reasonable
requirements of the public, having regard to the nature of the work;
Publisher  is one who produces and makes available for circulation or
distribution the published work;
Rental  is the transfer of the possession of the original or a copy of a work or
multimedia for a limited period of time, for profit-making purposes;
Reproduction  is the making of one (1) or more copies of a work, including
multimedia, in any manner or form. A reprographic reproduction , as authorized under
certain circumstances by the IPC, does not include a digital or machine-readable copy,
but is limited to photography, xerography and similar processes, resulting in a paper
or microform copy;
Reprographic right  is one exercisable anywhere to reproduce or authorize the
reproduction of the work by means of any appliance or process capable of producing
multiple copies of the work in such a form that the work may be perceived visually.
Reprography and other forms of reproduction require the permission of the copyright
holder;
SAR shall  refer  to these  Copyright Safeguards and Regulations issued pursuant
to the IPC;
SCL refers to the Library of the Supreme Court of the Republic of the
Philippines;IP/N/1/PHL/C/6
Page 5
TNL refers to The National Library of the Republic of the Philippines;
TNL Director  refers to the head of The National Library of the Republic of the
Philippines;
Unpublished work  means work that has not been disseminated, circulated or
distributed to the public prior to its registration with the Copyright Office;
Work refers to any original work, derivative work, performance of producers,
sound recording, or recording of broadcasting organizations .  Derivative  work is work
that is derived from another work;
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 work created by an officer or
employee of the Philippine Government or any of its subdivisions andinstrumentalities, including government-owned or controlled corporations, as part of
his regularly prescribed official duties.
Rule 3
Scope of Safeguards and Regulations
These Copyright Safeguards and Regulations shall apply to original works,
derivative works, performances of producers, sound recordings, and recordings of
broadcasting organizations.
SECTION 1. The following are original works:
(a) books, pamphlets, articles and other writings;
(b) periodicals and newspapers;(c) lectures, sermons, addresses, dissertations prepared for oral delivery,
whether or not reduced in writing or other material form;
(d) letters;
(e) dramatic or dramatico-musical compositions; choreographic works
or entertainment in dumb shows;
(f) musical compositions, with or without words;IP/N/1/PHL/C/6
Page 6
(g) works of drawing, painting, architecture, sculpture, engraving,
lithography or other works of art; models or designs for works of art;
(h) original ornamental designs or models for articles of manufacture,
whether or not registerable as an industrial design, and other works
of applied art;
(i) illustrations, maps, plans, sketches, charts and three-dimensional
works relative to geography, topography, architecture, or science.
(j) drawings or plastic works of a scientific or technical character;
(k) photographic works including works produces by a process
analogous to photography; lanterns slides;
(l) audiovisual works and cinematographic works and works produced
by a process analogous to cinematography or any process for making
audiovisual recordings;
(m) pictorial illustrations and advertisements;(n) computer programs;
(o) other literary, scholarly, scientific, and artistic works.
SECTION 2. The following are derivative works:
(a) dramatizations, translations, adaptations, abridgments, arrangements,
and other alterations or literary or artistic works;
(b) collections of literary, 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.
SECTION 3. Works of producers of sound recordings are those which contain
the fixation of the sounds of a performance or of other sounds, or representation of
sound, other than in the form of a fixation incorporated in a cinematographic or other
audiovisual work. Such fixations may include but are not limited to formats such as
phonographic records, cassette tapes, optical discs, CDs, CD-ROMs, DVDs, etc.
SECTION 4. The following are works of broadcasting organizations:
recordings, films, videotapes, televisions broadcasts, and other wire or wirelesstransmissions.IP/N/1/PHL/C/6
Page 7
Rule 4
Rule on Copyright Ownership
SECTION 1. Rules on Copyright Ownership . — Copyright ownership shall be
governed by the following rules:
(a) Subject to the provisions of this section, in the case of original
literary and artistic works, copyright shall belong to the author of the
work.
(b) In the case of works of joint authorship, the co-authors shall be the
original owners of the copyright and in the absence of the agreement
their rights shall be governed by the rules on co-ownership. If,
however, a work of joint authorship consists of parts that can be used
separately and the author of each part can be identified, the author ofeach part shall be the original owner of the copyright in the part that
he has created;
(c ) In the case of work created by an author during and in  the course of
his employment, the copyright shall belong to:
(i) the employee, if the creation of the object of copyright is not a
part of his regular duties even if the employee uses the time,
facilities, and materials of the employer.
(ii) the employer, if the work is the result of the performance of
his regularly-assigned duties, unless there is an agreement,
express or implied, to the contrary.
(d) In the case of a work commissioned by a person other than an
employer of the author and who pays for it and the work is made inpursuance of the commission, the person who so commissioned the
work shall have ownership of work, but the copyright thereto shall
remain with the creator, unless there is a written stipulation to the
contrary;
(e) In the case of audiovisual work, the copyright 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 or other 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
work; andIP/N/1/PHL/C/6
Page 8
(f) In respect of letters, the copyright shall belong to the writer subject
to the provisions of Article 723 of the Civil Code.
SECTION 2. Anonymous and Pseudonymous Works . — For purposes of this
SAR, the publishers shall be deemed to represent the authors of articles and other
writings published without the names of the authors or under pseudonyms, unless the
contrary appears, or the pseudonym or adopted name leaves no doubt as to the
author’s identity, or if the author of the anonymous works discloses his identity.
PART II
REGISTRATION AND DEPOSIT OF COPYRIGHT WORKS
RULE 5
Registration and Deposit of Work
SECTION 1. Who May Apply . — The owner or assignee of the copyright or his
duly authorized agent or representative, may apply for a certificate of registration and
deposit of the work: Provided, That if an author could not claim the benefit of
copyright protection, his assignee or agent cannot claim it. If the applicant is not the
owner or author or assignee of the work, he shall be required to submit his authority to
apply.
An assignee is a person to whom an author may assign copyright in whole or in
part.  The assignee is entitled to all the rights and remedies which the assignor has
with respect to the copyright.
Although no copyright should subsist in any work of the government, any
employee may claim it by submitting for registration any work that has been created
during the time of his employment but which does not form part of his regularly
prescribed official duties.
SECTION 2. Identification of Author or Authors . — An application for
copyright certificate shall identify the author or authors, as far as practicable, without
prejudice to the provisions of Sections 171.2 and 179 of the IPC.
SECTION 3. Non-Resident Applicant . — A non-resident applicant shall
appoint a resident agent, by special power of attorney (SPA), who shall be authorized
to pursue the copyright application for his/her/its behalf with TNL and/or the SCL and
to receive service of notice or other legal process relating to the application and the
copyright.  In the event of death, absence or incapacity of the resident agent, the
applicant shall appoint a new resident agent, by SPA with revocation of the prior SPA,
and file notice and a copy thereof with TNL and/or the SCL.IP/N/1/PHL/C/6
Page 9
SECTION 4. Works That Shall Be Registered and Deposited . — Two (2)
copies or reproductions of the following classes of works, and transfers and
assignments related thereto, shall be registered and deposited with TNL Copyright
Division and another two (2) copies with the SCL:
• 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;
• Musical compositions with or without words.
SECTION 5. Replicas and Pictures . — For practical purposes, only replicas
and pictures of the following classes of works, shall be registered and deposited with
TNL Copyright Division:
• 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 for articles of manufacture,
whether or not registerable 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.
SECTION 6. Works that May be Registered and Deposited . — The following
works may be registered and deposited:
• Dramatic or dramatic-musical compositions, choreographic works or
entertainment in shows;
• Photographic works including works produced by a process
analogous to photography, lantern slides;
• Audiovisual 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;IP/N/1/PHL/C/6
Page 10
• Other literary, scholarly, scientific and artistic works;
• Sound recordings;
• Broadcast recordings.
SECTION 7. When to Register and Deposit . — The registration and deposit of
copies or reproductions of the work or works, using the prescribed form, shall be
made personally or by registered mail within three (3) weeks after the first public
dissemination or publication as authorized by the author.
Rule 6
Procedure for Registration and Deposit
SECTION 1. Filing of Application . — The application for a certificate of
registration and deposit shall be filed, using the prescribed form, personally or by
registered mail, with the Copyright Division of TNL and the SCL. Only completeapplications complying with the requirements prescribed in Sec. 3 hereof shall be
given due course.
SECTION 2. Fees . — Application and service fees shall be charged as
prescribed.
Fees paid by mistake, when not required by law, in excess of the required
amount, or erroneously charged, shall be refunded. However, a mere change of
purpose after the payment of money, as when a party desires to withdraw his/her
application, will not entitle a party to a refund of the fees paid.
When an application is withdrawn or refused, fees paid with the application
will be considered as the examination and processing fees and shall not be refunded to
the applicant.
SECTION 3. Supporting Documents . — All applications must be filed together
with the following supporting documents:
(a) duly accomplished application form in duplicate for each work,
provided , that a separate application is submitted for each number of
a periodical containing a notice of copyright;
(b) a supporting document evidencing ownership of the copyright, the
manner of its acquisition if the claimant is not the original author,
translator, or editor, and where and in what establishment the work
was made, performed, printed, or produced, and the date of its
completion and publication;IP/N/1/PHL/C/6
Page 11
(c) receipt showing payment of the registration fee if the application is
filed personally, or by postal money order if the application is file by
registered mail;
(d) documentary stamps in the correct amount, which shall be affixed to
the registration and deposit certificate;
(e) two (2) complete copies or reproductions of the work or replica or
picture provided under Rule 5;
(f) two (2) printed copies with copyright notice printed in front or at the
back of the title page or on any conspicuous space for a non-book
material, if the work is a published work;
(g) if the work is a musical work, two (2) copies of the original work, in
the form of a music sheet, in cassette, optical disk, or multimedia;
(h) if the work is an unpublished literary work, two (2) copies of the
work without the copyright notice;
(i) a technical description of the design, if the work is an original
ornamental design;
(j) two (2) duplicate originals or certified true copies of the deed of
assignment, letters of administration, letters testamentary, letters of
guardianship, or affidavit of extra judicial settlement of estate, as thecase may be;
(k) original special power of attorney appointing a resident agent who
shall be authorized to pursue the copyright application for his/her/its
behalf and to receive service of notice or other legal process relating
to the application and the copyright, if the applicant is a non-resident
alien;
(l) a certified true copy of the certificate of registration for corporations
and partnerships, or business name registration for sole
proprietorships, to clarify doubts concerning the corporate,
partnership or business name; and
(m) original copyright waiver in writing and under oath executed by the
author in favor of a third-party, if a third-party is claiming copyright
ownership.
SECTION 4. Documents Executed Outside the Philippines . — All
certifications and documents which are executed outside the Philippines shall be dulyauthenticated by either the proper diplomatic or consular representative of theIP/N/1/PHL/C/6
Page 12
Philippines, or by a notary public authorized to authenticate documents under the law
of the country in which the certification and documents are executed.
SECTION 5. Copyright Notice of Published Works . — The form of the
copyright notice for published works shall be as follows:
Philippine Copyright                                     (year of publication)
By                                                                  (name of copyright owner)
SECTION 6. Copyright Notice to be Clearly Printed Without Alterations, etc .
— The copyright notice shall be clearly and neatly printed and shall be without any
amendments, erasures, additions, or deletions whether handwritten, typewritten or
otherwise.
SECTION 7. Affixing of Prescribed Copyright Notice . — The prescribed
copyright notice must be affixed to each copy of the published work which is intended
for circulation or sale in the Philippines. The name of the claimant given in the
copyright notice should be the true legal name of the owner of the copyright.
However, a pseudonym or pen name may be used in the copyright notice. The year ofthe copyright notice must be the same as the year of publication.
SECTION 8. Processing of Applications . — Upon receipt of an application and
the  prescribed fees, the following procedure shall be observed:
(a) Initial Processes  — The application shall be processed to ascertain
compliance with Rule 6, Sec. 3 of this SAR;
(b) Review of Application  – The application shall thereafter be reviewed
and acted upon by the Chief of the Copyright Division and finally by
the Director of TNL;
(c) Issuance of  Certificate  — The Director of TNL shall issue the
Certificate of Copyright Registration and Deposit immediately upon
approval of the application therefore;  In case there are two (2) or
more copyright holders, each may receive, upon his application, an
original copy of the registration;
(d) Classification  — Each work shall be classified and numbered
consecutively upon its registration and deposit.  Works shall be
classified as follows :
Class Work
A Books, pamphlets, articles and other writings
B Periodicals and newspapersIP/N/1/PHL/C/6
Page 13
C Lectures, sermons, addresses, dissertations prepared
for oral delivery whether or not reduced in writing
or other material form
D Letters
E Dramatic or dramatico-musical compositions,
choreographic works or entertainment in shows
F Musical compositions with or without words
G Works of drawing, painting, architecture, sculpture,
engraving, lithography or other works of art, models
or designs for works of art
H Original ornamental designs or models for articles of
manufacture, whether or not registerable as an
industrial design, and other works of applied art
I Illustrations, maps, plans sketches, charts and
three-dimensional works relative to geography,
topography, architecture or science
J Drawings or plastic works of a scientific or
technical character
K Photographic works including works produced by a
process analogous to photography, lantern slides
L Audiovisual works and cinematographic works and works
produced by a process analogous to cinematography or any
process for making audio-visual recordings
M Pictorial illustrations and advertisements
N Computer programs
O Other literary, scholarly, scientific and artistic
works
P Sound recordings
Q Broadcast recordings
(e) Recording  — After classification, each work shall be recorded as
provided in Rule 10;
(f) Safekeeping  — Each work accepted for registration and deposit shall be
kept in a proper repository by qualified custodians and curators.
Rule 7
Effectivity and Effects of Registration and Deposit
SECTION 1. Effectivity of Registration and Deposit of Work . — The
registration and deposit of the work takes effect on the date specified on the
Certificate of Regulation and Deposit covering the work.IP/N/1/PHL/C/6
Page 14
SECTION 2. Effects of Registration and Deposit of Work . — The registration
and deposit of the work is purely for recording the date of registration and deposit of
the work and shall not be conclusive as to copyright ownership or the term of
copyrights or the rights of the copyright owner, including neighboring rights.
SECTION 3. Effect of Non-Registration and Deposit . — If, within three (3)
weeks after receipt by the copyright owner of a written demand from TNL and/or SCLfor the deposit of a work listed in Rule 5 Sec. 4 of this SAR, the required copies are
not delivered and the fee for registration and deposit is not paid, the copyright owner,
his assignee, or his agent shall be liable to pay a fine equivalent to the required fee per
month of delay and to pay to TNL and SCL the amount of the retail price of the best
edition of the work.
SECTION 4. Other Laws . — Upon issuance of a certificate of deposit, the
copyright owner shall be exempt from making additional deposits of the work with
TNL or the SCL under other laws.
Rule 8
Cancellation of Certificate of Copyright Registration and Deposit
SECTION 1. Cancellation . — The TNL or SCL Director may cancel the
Certificate of Copyright Registration and Deposit covering a specific work on the
following grounds:
(a) Upon a final court decision ordering the cancellation of the
certificate;
(b) By final order of proper quasi-judicial or administrative bodies;
(c) Upon registration of deeds of transfers, assignments, and other
transactions affecting copyright, including transfers by inheritance,
conveying copyright over a specific work;
(d) Upon expiration of the term of copyright.
Rule 9
Public Inspection and Reproduction
SECTION 1. Public Inspection . — All copies of works registered and
deposited with TNL and the SCL are deemed the property of the Philippine
government. All copies of works registered and deposited with TNL and the SCL,
except for unpublished works, shall be open to public inspection, subject to thefollowing conditions:IP/N/1/PHL/C/6
Page 15
(a) The Director of TNL may open to public inspection only copies of
deposited works that are fragile, rare, frequently used, or in other
similar conditions;
(b) Under no circumstances will the public be allowed to reproduce any
of the works during inspection;
(c) A written request signed by the interested party shall be submitted to
TNL at least one (1) day prior to the requested inspection, and shallspecify the work to be inspected, his/her purpose, his/her principal
together with the proper authorization from the principal if he/she is
an agent or representative, and the preferred date and time of
inspection;
(d) Upon approval of the request and payment of the inspection and
handling fees, the interested party, on the date and time specified,
shall be accompanied by a designated TNL Copyright employee toan inspection officer to ascertain that the party does not have in
his/her possession any camera, video or any other gadget for
reproduction, and thereafter to the custodian of the work;
(e) The custodian shall designate the place for inspection after the party
has signed the inspection register, and the work will thereafter bebrought to the party by a TNL Copyright employee who shall remain
to watch and ensure that the work or any part thereof is not copied
and remains intact during the entire period of inspection; and
(f) After the inspection, the work shall be returned to the custodian who
shall examine the work and ascertain that it is intact.
SECTION 2. Special Inspection Conditions . — The inspection of certain
works shall be subject to special conditions, such that only authorized TNL Copyright
employees shall operate or run the work for the party to view, listen, or perceive. The
inspecting party shall in no case be permitted to handle the  work, operate or, run the
same.
SECTION 3. Inspection of Work Does Not Authorize Exploitation, Abuse or
Misuse . — The opening for public inspection of a deposited copy of a work shall in no
way authorize exploitation, abuse, or misuse of the work.IP/N/1/PHL/C/6
Page 16
Rule 10
Documentation and Recording
SECTION 1. Documentation . — Each work registered and deposited with
TNL, and/or SCL shall be issued a Certificate of Registration and Deposit.
SECTION 2. Recording . — Each work shall be recorded as classified in
separate record books or through electronic processes. The records shall indicate, inter
alia, the following: title of work, name of copyright owner, author, publisher, date
applied, copyright registration number and the retail price of the work.
SECTION 3. Recording of Transfers, Assignments, and Other Transactions
Affecting Copyright . — Deeds of transfers, assignments, or exclusive licenses, and
other transactions affecting copyright, including transfer by inheritance, may be filed
in duplicate with TNL upon payment of the prescribed fee. Notice of the record shall
be published in the Intellectual Property Office Gazette.
After the record of the conveyance, the transferee of the copyright may obtain a
certificate of registration in his/her/its own name to endure for such period as
specified in the deed of conveyance but not to exceed the remaining life of the term of
the copyright over the work.
SECTION 4. Safekeeping . — All works shall be kept by qualified custodians
and curators separately as classified in suitable places to ensure their safety and
preservation for posterity.
PART III
OTHER RULES ON COPYRIGHT
Rule 11
Communication to the Public of Copyrighted Works
SECTION 1. Communication to the Public of Copyrighted Work . —
“Communication  to the public” or “communicate to the public,” also includes point-
to-point transmission of a work, including video on demand, and providing access to
an electronic retrieval system, such as computer databases, servers, or similar
electronic storage devices. Broadcasting, rebroadcasting, retransmission by cable, andbroadcast and retransmission by satellite are all acts of “communication to the public”
within the meaning of the IPC.IP/N/1/PHL/C/6
Page 17
Rule 12
First Public Distribution of Work
SECTION 1. First Public Distribution of Work . — An exclusive right of first
distribution of work includes all acts involving distribution, specifically including the
first importation of an original and each copy of the work into the jurisdiction of theRepublic of the Philippines.
Rule 13
Enforcement of Economic and Moral Rights
SECTION 1. Role of Societies . — The role of societies of artists, writers,
composers, or other copyright owners in enforcing copyright shall not prejudice the
right of a copyright owner to designate an assignee, licensee, or other agent to carry
out enforcement activities on his behalf. A copyright owner may also enter into
agreements with more than one such society.
Rule 14
Limitations on Copyright
SECTION 1. Public Performance or Communication to the Public of Work by
Non-Profit Institution . — 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 publicperformance or communication, by a club or institution for charitable or educational
purposes only, whose aim is not profit-making, shall not constitute infringement of
copyright, if:
(a) The works are limited to non-dramatic literary works and non-
copyrighted musical compositions, and do not include audiovisual
works or computer programs;
(b) The clubs or institutions to which this subsection applies are limited
to those organized exclusively for charitable or educational
purposes;
and if the following conditions are satisfied:
(i) No fee or compensation is paid to any performers, promoters
or organizers of the public performance;
(ii) There is no direct or indirect admission charge to the place
where the performance occurs; andIP/N/1/PHL/C/6
Page 18
(iii)  Admission to the performance is restricted to persons who
are, and for at least the preceding thirty days have been,
members in good standing of the club or the institution for
whose charitable or education purposes the performance is
being carried out.
SECTION 2. Use in Judicial Proceedings or by Legal Practitioners . —
Without prejudice to other exceptions to protection, the use of copyrighted works as
provided in the IPC “for the giving of professional advise by a legal practitioner” islimited to those uses directly connected to the rendering of legal advice with respect to
such works, or to individuals, institutions, events or circumstances to which the
creation of exploitation of such works are directly related. This exception does not
apply to the exercise of exclusive rights of copyright owners in legal research
materials, legal-related computer software, legal-related on-line material, or the other
works utilized in the practice of law on a regular basis.
SECTION 3. Uses Compatible with Fair Use . — To determine whether use of
a copyrighted work is “compatible with fair use,” the criteria set forth in Sec. 185 of
the IPC shall be applied.
SECTION 4. Fair Use and Decompilation of Computer Software . — An act of
decompilation of software may qualify for analysis under the fair use provisions if it
meets all of the criteria set out in the IPC, viz:
(a) It consist only of the reproduction of code and translation of the
forms of a computer program;
(b) The reproduction and translation are indispensable to obtain
information, such that information can be obtained in no other way
than through decompilation;
(c) The information is necessary in order to achieve interoperability
(i.e., interoperability cannot be achieved without obtaining theinformation and without using decompilation to obtain it) ; and
(d) The interoperability that is sought is between the decompiled
program and an independently created computer program (i.e., a
computer program that was created prior to and without reference to
the decompilation).
If the above criteria are satisfied, then the fair use factors set forth in the IPC
can be applied in order to decide whether or not the decompilation, in the particular
circumstances involved, constitutes a fair use. The fact that a use is decompilation (as
defined by the statutory criteria) creates no presumption that the use is fair.IP/N/1/PHL/C/6
Page 19
SECTION 5. Effect on Value of the Work . — The effect of the use upon the
value of the copyrighted work shall also constitute a limitation on fair use of works,
particularly whenever their reproduction will affect their usefulness, reliability, and
validity such as psychological tests and others of similar nature. Reproduction of these
works shall, therefore, need prior authority of the copyright owner.
SECTION 6. Reproduction or Communication to the Public by Mass Media of
Articles, Lecture, etc . — The reproduction or communication to the public by mass
media of articles, such as those publish in newspapers or periodicals on current
political, social, economic, scientific, or religious topics, as well as lectures, addresses,
and other works of the same nature, which are delivered in public, shall not constitute
infringement of copyright if such use is for information purposes and has not been
expressly reserved: Provided, that the source is clearly indicated and that the use of
the work should not unreasonably prejudice the right holder’s legitimate interests.
Rule 15
Importation for Personal Purposes
SECTION 1. Importation for Personal Purposes . — The importation of a copy
of a work by an individual strictly for his own personal use is permitted when copies
of the work are not available in the Philippines and is not intended for sale and subject
to provisions of Sec. 190 of the IPC and to such rules and regulations as may be
prescribed by the Commissioner of Customs, and approved by the Secretary of
Finance. This right to import without authorization a copy of a work for personal
purposes is an exemption to the distribution right only, not to the public performanceright.
Rule 16
Rights of Producers of Sound Recordings
SECTION. 1. Right of Rental of Lending . — The right of producers of sound
recordings to “authorize the direct or indirect reproduction of their sound recordings,in any manner or form,” provided for in the IPC, shall include the right producers of
sound recordings to make such works available to the public by placing these
reproductions in the market, and the right of rental or lending.
Rule 17
Protection and Enforcement
SECTION 1. Works Protected Upon Creation . — Works are protected from
the moment of their creation, irrespective of their mode or form of expression, as well
as their content, quality, and purpose.IP/N/1/PHL/C/6
Page 20
SECTION 2. Term of Protection of Economic Rights of Authors .
(a) Subject to the provisions of Subsections (b) to (e) hereof, the
copyright in works shall be protected during the life of the author
and for fifty (50) years after his death. This rule also applies to
posthumous works.
(b) In the case of works of joint authorship, the economic rights shall be
protected during the life of the last surviving author and for fifty (50)
years after his death.
(c)  In the case of anonymous or pseudonymous works, the copyright
shall be protected for fifty (50) years from the date on which the
work was first lawfully published: Provided, That where, before the
expiration of the said period, the author’s identity is revealed or is no
longer in doubt, the provisions of Subsections (a) and (b) shall apply,as the case may be: Provided, further, That such works if not
published before shall be protected for fifty (50) years counted from
the making of the work.
(d) In the case of works of applied art, the protection shall be for a
period of twenty-five (25) years from the date of making.
(e) In the case of photographic works, the protection, shall be for fifty
(50) years from publication of the work and, if unpublished, fifty
(50) years from the making.
(f) In the case of audio-visual works including those produced by a
process analogous to photography or any process for making audio-
visual recordings, the term shall be fifty (50) years from the date of
publication and, if unpublished, from the date of making.
SECTION 3. Term of Protection of Moral Rights of Authors . — The moral
rights of an author shall last during the lifetime of the author and for fifty (50) years
after his death and shall not be assignable or subject to license. The person or personsto be charged with the posthumous enforcement of theses rights shall be named in
writing to be filed with TNL. In default of such person or persons such enforcement
shall devolve upon either the author’s heirs, and in default of the heirs, the Director of
TNL.
SECTION 4. Term of Protection for Performers, Producers . — The rights
granted to performers and producers of sound recordings under this law shall expire:
(a) For performances not incorporated in recordings, fifty years (50)
from the end of the year in which the performance took place; andIP/N/1/PHL/C/6
Page 21
(b) For sound or image and sound recordings and the performances
incorporated therein, fifty (50) years from the end of the year in
which the recording took place.
SECTION 5. Term of Protection of Moral Rights of Performers . —
Independently of a performer’s economic rights, the rights granted to a performer as
regard his live aural performances or performances in fixed sound recordings, shall be
maintained and exercised fifty (50) years after his death, by his heirs, and in default of
heirs, the government, where protection is claimed.
SECTION 6. Term of Protection of Broadcast Organizations . — In the case of
broadcasts, the term shall be twenty (20) years from the date the broadcast took place.
The extended term shall be applied only to old works with subsisting protection under
the prior law.
SECTION 7. Coordination by IPO . — The protection of intellectual property
rights shall be coordinated by the Intellectual Property Office with other government
agencies and the private sector.
SECTION 8. Protection by NBDB . — The protection of the rights of authors
and publishers and the enforcement of copyright laws and extension of legal
assistance to authors and publishers in suits related thereto shall devolve on the
National Book Development Board (NBDB) pursuant to Sec. 4 (i) of Republic Act8047, otherwise known as the “Book Publishing Industry Development Act”.
PART IV
RECIPROCITY AND INTERNATIONAL CONVENTIONS
Rule 18
Reciprocity and International Conventions
SECTION 1. Reverse Reciprocity of Foreign Laws . — Any condition,
restriction, limitation, diminution, requirement, penalty or any similar burden imposedby the law of a foreign country on a Philippine national seeking protection of
intellectual property rights in that country, shall reciprocally be enforceable upon
nationals of said country, within Philippine jurisdiction.
SECTION 2. International Conventions 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 tointellectual property rights or the repression of unfair competition, to which the
Philippines is also a party, or extends reciprocal rights to nationals of the PhilippinesIP/N/1/PHL/C/6
Page 22
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 IPC.
PART V
EFFECTIVITY AND AMENDMENT OF SAR
Rule 19
Effectivity
SECTION 1. Effectivity . — These Copyright Safeguards and Regulations shall
be effective fifteen (15) days after filing with the University of the Philippines LawCenter.
Rule 20
Amendment of Safeguards and Regulations
SECTION 1. Amendments . — The Director of TNL may amend, revise, repeal,
or otherwise modify these Copyrights Safeguards and Regulations as may be
necessary.
ISSUED this 13 th day of August, Nineteen Hundred and Ninety Nine, in the
City of Manila, Philippines.
(SGD.) ADORACION MENDOZA-BOLOS
                                                                 Director The National LibraryIP/N/1/PHL/C/6
Page 23
Annex ‘B’
SCHEDULE OF FEES
  (effective_____1999)
Application Fee for Registration and
Deposit or Examination/Processing FeeP100.00
Recording of Assignment/Exclusive
License, Notice or Other InstrumentsAffecting CopyrightP50.00
Certified True Copy P30.00
Certified Photocopy P30.00Inspection Fee P30.00Viewing Fee P30.00Handling/Searching Fee P30.00
__________