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Frequently Asked Questions
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Copyright
Application Procedure:
- Apply for copyright registration at
the Copyright Division of The National
Library of the Philippines. Secure application
form in the said office or download
form. Those in far-off areas of the
country, ask for an application form
by e-mail at copyright@nlp.gov.ph
or by FAX No: 63.2.524-2329 or by mail
addressed to:
Copyright Office,
2nd floor,The National Library building,
T.M. Kalaw St., Ermita, Manila.
- Application should be accomplished
in duplicate, typewritten. An affidavit
should be attached at the back of the
application form and should be duly
notarized.
- The registration fee for a copyright
is P200.00 plus two documentary stamps
worth P 10.00 each, to be affixed at
the back of the application form and
the certificate of copyright registration.
- If the work applied for registration
is a published work, two (2) printed
copies shall be submitted with the application
form copyright notice printed in front
or at the back of the title page if
it is a book and on any conspicuous
space if it is a non-book material.
The copyright notice shall be in this
form:
Philippine Copyright _____ (year
of publication)
by ________________ (name of copyright
owner)
A "published work" means that the work
has been disseminated to the public
prior to registration with the Copyright
Office.
- If the work applied for registration
is an unpublished work, two (2) manuscripts
and/or photocopies of the work without
the copyright notice shall accompany
the application.
"Unpublished work" for purposes of registration
means that the work has not been disseminated
to the public at the time of registration.
- If the applicant is a non-resident,
he/she should appoint a local authorized
agent by special power of attorney to
prosecute copyright application for
and his/her behalf with this office.
- If a third party is claiming copyright
ownership of the book other than the
author, the author as the original copyright
owner should waive his/her copyright
in writing under oath in favor of the
claimant. The copyright waiver should
be attached to the application.
- If the applicant is a proprietor,
a photo copy of his certificate of business
name should be attached to the application
and for a corporation, its SEC registration.
- Certificate of the deposit will be
issued upon request by the applicant.
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DOWNLOAD APPLICATION FORM
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Application for Copyright T.N.L
No.24-(3rd Revision) [front]
[back]
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FREQUENTLY ASKED QUESTIONS
RE COPYRIGHT |
1. What is Copyright?
Answer: Copyright maybe defined as a set
of prerogatives conferring on the authors
of literary and artistic works control
over the public exploitation of their
works and ensuring them renumeration to
which they are entitled in consideration
of their creative work.
2. What is the difference between patent
and copyright?
Answer:
Patent is a document securing to an inventor
for a term of years exclusive right to
his or her invention.
Copyright chiefly in literary, musical,
artistic, photographic and audio-visual
works.
3. How long is a patent/copyright in
force? What is the period of effectivity?
Answer:
The class designation of copyrightable
works under R.A. 8293 have the following
terms of protections:
- For literary works - Lifetime of
the author and for 50 years after
his/her ( A,B,C,D,E,F,G,I,J,M,N,O.)
death.
- For Applied Art - Twenty-five(25)
years from the date of making of the
(class H) work.
- For photographic - Fifty (50) years
from publication of the work and for
(class K) unpublished fifty (50) years
from the date of making of the work.
- Audio-Visual work - Fifty(50) years
from the publication and if unpublished
(class L) from the date of making
of the work.
- Sound Recording - Fifty(50) years
from the end of the year in which
the (class P) recording took place.
- Broadcast Recording - Twenty(20)
years from the date the broadcast
took (class Q) place.
4. Does a pending patent/copyright
already have the force of law?
Answer: Yes. Because Copyright subsist
upon creation.
5. Is a patent/copyright in other countries
recognized in the Philippines, and vice
versa?
Answer: Those countries which are signatories
to the Berne Convention are required to
extend to the nationals of other signatory-countries
the rights and privileges that they give
to their own nationals relative to the
copyright. The Philippines is a signatory
to the Berne Convention; hence, it recognizes
patent/copyright in other signatory countries.
6. Where does one apply for a copyright?
Answer: The registration of copyright
is in the:
Copyright Office,
The National Library building, 2nd floor,
T.M. Kalaw St., Ermita, Manila.
7. How much are the costs involved
in a copyright registration?
Answer: The registration fee for copyright
is P 100.00.
8. What are the procedures for copyright
registration? Please state the step by
step procedures.
Answer:
Get one duplicate copy ( together with
requirements for copyright registration
) of the application form from the copyright
office.
1. Fill-up the application form from no.
1 to no. 8 if you are filing the unpublished
work. Sign your name at the bottom of
the application form. If you are filing
for a published work have to fill up the
form from no.1 to no. 9. Fill-up the affidavit
at the back of the application form and
sign your name at the bottom of the application
form. Then bring your application form
to a notary public for notarization of
your application. Bring your application
to the Copyright Office together with
the two (2) copies of the material as
deposit.
9. How long is the processing period
from submission of requirements to approval
of application?
Answer: The processing period of copyright
application is 2 weeks and the applicant
will clam a certificate of copyright registration.
10. Who will apply for Copyright? The
Manufacturing company or the designer
hired by the company?
Answer:
- The Employer/Company owns copyright
if the work is the result of performance
of regular assigned duties of employee
unless otherwise agreed upon.
- The Employee owns copyright if object
of copyright is not part of his regular
duties even if he uses the time, facilities
and materials of employer
- If work is commissioned, one who
commissioned owns the same and the
copyright is jointly owned unless
stipulated otherwise.
- The author or creator of any work
can waive or transfer hi/her work
in favor of a corporation or individual
to own a copyright.
11. What woks maybe copyrighted?
Answer:
The following are the copyrightable works:
CLASS
A - Books, Pamphlets 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 composition
(T.V. or movie scripts), Choreographic
works or
entertainment in dumb shows;
F - Musical compositions, with or without
works;
G - Works of drawing , painting, architecture,
sculpture, Engraving, lithography or other
works of art, models or designs of work
of art;
H - Original ornamental designs or models
for articles of manufacture; whether or
not registrable as an industrial design,
and other works of applied art;
I - Illustrations, maps, plans, sketches,
charts and three-dimensional relative
to geography, topography, architecture
or science;
J - Drawings or plastic works of a scientific
or technical racter;
K - Photographic works and cinematographic
works and works produced By a process
analogous to photography; lantern slides;
L - Audiovisual works and cinematographic
works works produced by a Process analogous
to cinematography or any process for making
audio-Visual recordings;
M - Pictorial illustrations and advertisement
N - Computer programs; and
O - Other literary, scholarly, scientific
and artistic works.
12. Does a company apply for a copyright
all product designs in a design collection?
Answer: For the purpose of protecting
your work. Yes.
13. Can a company apply for a copyright
for a single design? Can a company register
a single design with the IPO and TNL?
Answer: The company can apply their work
as a single design in the copyright office
as long as they want to avail for the
protection of their design.
14. What protection can and company
have when its designs are copyrighted?
Answer: The protection for the design
is twenty (25) years from the date of
making of the work.
15. What are the options available
to a victim of copyrighted infringement?
Answer: Remedies for infringement are
administer before the IPO, particularly
Bureau of Legal Affairs; Judicial (civil
and criminal) before the IP courts or
RTC.
16. Can a design of regular items (ex.
Basket or food cover) be protected by
a slight variation or design?
Answer: Yes.
17. Is it possible to secure a copyright
for a design that has already been patented
by another company?
Answer: Yes, because unlike the patent
office, the copyright office performs
ministerial functions. The copyright office
only relies on the back of the application
form/affidavit that the applicant is submitting
his/her original work to the copyright
office.
18. How would a manufacturing company
know that a product design offered by
a designer is copyrighted by another manufacturing
company?
Answer: Ask for the certificate of copyright
registration or do a research with the
copyright office.
19. How does one stop a shipment of
a copyrighted item when one has to go
through Legal procedures first( by w/c
twice the shipment has been shipped out)?
Answer: To make the shipment stop ask
the assistance from the Presidential Inter-Agency
Committee on Intellectual Property Rights(
IAC-IPR) with tel. no. 890-3864 or 896-4694
or any DTI office nearest to you or to
the Bureau of Customs; or to the court
for injunction.
20. Is it possible to collect damages
and opportunity losses from copyright
infringement?
Answer: Yes. As long as you are the original
creator of your work and registered at
the copyright office.
For more questions
on Copyright, check out http://www.nlp.gov.ph/.
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