IPOPHL Patent Agent study materials
IPOPHL Patent Agent study resources

IPOPHL Patent Agent: Copyright

IPOPHL Patent Agent · Work through your exam, one topic at a time.

All guide sections

Copyright

The Copyright domain tests the subject matter of protection, the split between economic and moral rights, the duration rules, and the fair use analysis, all under RA 8293 as amended by RA 10372.

Protected works and rights

Sec. 172 protects original literary, musical, dramatic, choreographic, artistic, photographic and audiovisual works, works of applied art, and compilations. Ideas, procedures, methods, systems, concepts and news of the day are not protected. Economic rights include reproduction, preparation of derivative works, distribution, rental, public display and communication to the public; moral rights are attribution and integrity.

Duration

The general rule is the life of the author plus 50 years. Works of applied art are protected for 25 years from creation. Protection arises on creation; registration with IPOPHL's Copyright Registry is evidentiary and does not create the right.

Fair use

Sec. 185 asks four questions: the purpose and character of the use, including commerciality; the nature of the work; the amount and substantiality of the portion used; and the effect on the market for or value of the work. Quotation for criticism, teaching and private study may fall within permitted use.

Worked example

A school photocopies three chapters of a textbook for 200 students and sells the packets at cost. The educational purpose helps, but the taking is substantial and the packets substitute for purchases, so the fourth factor defeats fair use. A short excerpt handed out for one class discussion is likelier to qualify.

Traps

Assuming registration is required to sue; treating the copyright notice as conclusive; believing that buying a painting transfers the copyright; and overlooking that works created by an employee in the course of regular duties belong to the employer unless otherwise agreed.