SIXTEI<:NTII CONGRESS 01<' TIm REPUBLIC ) 
01<''1'111<: l'IIILIPI'INI<:S 
) 
Fint Regular Session 
) 
SleNATE 
S.B.No·~010 
'1) 
DEC -9 P 4 :52 
IUX'EWE/) B •..... JL 
Introduced by Scnator IVIada Lourdes Nancy S. Binay 
a~' 
EXPLANATORY NOTJ~ 
The I.aw on Copyright, which is Part IV of Republic Act 8293 or the Intellectual Property 
Code of the Philippines protects not only "Original Works" but also "Derivative Works". 
Derivative works ure defined as t()ilows: 
Section In. /)erivalive Works. - 173.1. The following derivative works shall also be 
protccted hy copyright: 
(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other 
alterations ofliterary or artistic works; and 
(b) Collections oi'literary, scholarly or artistic works, and compilations of data and 
other materials which arc original by reason of the selection or coordination or 
arrangement o/'their contents. (Sec. 2, [1'] and IQ], P.D. No. 49) 
I n.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be 
pmtectcd as new works: Provided however, That such new work shall not affect the 
t(m;e or any subsisting copyright upon the original works employed or any PUtt thereof, 
or be construed to inlply any right to such usc of the original works, or to secure or 
extend copyright in ~;uch original works. (Sec. 8, P.O. 49; Art. 10, TRIPS) 
Thc abovc provisions particularly Section 173.1. (a) has spawned unnecessary litigations as 
an increasing number of Filipinos have translated, adapted or altered literary or artistic works 
and had said works protected as new works. 
Based on thc provision "fthe law, it may be argued that a translator of a literary work can 
have the derivative work protcctcd in his own name without liability for copyright 
inil'ingclI1cnt orthe original work translated. 
It is submittcd that thc law did not intend to put a stamp oflcgitimacy to any and all forms of 
plagiarisnl. 
As such, the passage oi'this Bill is earnestly requested. 
MAR~{~;~f ~~.B1NAY 
Senator 
U>f¥Ai 


SIX'I'I<:lcNTII CONGRESS OF TIm REPUBLIC ) 
OF TilE I'IIILII'I'INES 
) 
Fit'st Rc~ular Session 
) 
SENATE 
S. B. No._2010 
'13 OEC-9 
P4:5~ . 
~.~-----.~~ ----
----~-------------
IlEf'EIV[U BV; r--' 
Introdu~cd hy Senator Maria Lounlcs Nancy S. Billay 
lr"~~ 
AN ACT CLARIFYING Tim SCOPE OF DERIVATIVE WORKS, AMENDING FOR 
Till<: PURI'OSI<; SI<;CTION 173.1 (A) 01<' REPUBLIC ACT 8293 OR TIlE PHILIPPINE 
INTI(LLI(CI'lJAL PROPERTY CODE 
/Ie it enacted 1>.1' the Senote and Iiouse of Representatives of the Philippines in Congress 
{[SSelllhicl/: 
I 
SI<;CTION I. Sectioll 173 of Republic Act 8293 is hercby amended to read as follows: 
2 
:1 
Section 173. iJerivalive Works . . 173.1. The following derivative works shall also be 
4 
protedcd by copyright: 
5 
(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other 
6 
alterations of literary or artistic works; and 
7 
8 
(b) Collections oJ' literary, scholarly or artistic works, and compilations of data and 
9 
otiler materials which arc original by reason of the selection or coordination or 
10 
arrangement oftheir contents. (Sce. 2, [PI and [Q], P.D. No. 49) 
II 
12 
173.2. The works referred to in paragraphs (a) and (b) of Suhseetion \73.1 shall be 
13 
proteded as new works: Provided however, That such new work shall not alfeet the 
14 
j(llU) of any subsisting copyright upon the original works employed or any pUt1 
15 
thereol~ or be construed to imply any right to such usc of the original works, or to 
16 
securc or cxtend copyright in such original works. (Sec. 8, 1'.0.49; Art. 10, TRlPS) 
17 
IX 
FOR PlJRPOSES OF PARAGRAPH (A) or SUBSECTlON 173.1. HEREOr, IN 
19 
CASI': TilE OWNER OF THE ORIGINAL WORKS IS DJPPERENT FROM TIlE 
20 
OWNlm OF TilE DERIVATIVE WORKS, THE LATTER MAY REGISTER THE 
21 
DERIVATIVL WORK IN illS NAME UPON SECURING THE PRIOR WRflTEN 
22 
CONSENT OF TJ IE OWNER OF TilE ORIGINAL WORKS. 
23 
24 
SlcCTION 2. S<'l'llrahi/i()! Clause. Should any part or provision of this Act be declared 
25 
ullconstitutional or invalid, other parts or provisiolls hereof not othclwise affected thereby 
26 
shall remain in Itdl J()rce and etleeL 
27 
28 
SECTION 3. F!/ilctivity. This Act shall take effect fifteen (15) days after its publication in at 
29 
Icast two (2) newspapers of general circulation. 
30 
31 
Approved,