Summary
Highlights
Copyright infringement, also known as piracy or plagiarism, occurs when substantial portions or the entirety of a copyrighted work is copied without the owner's consent. This includes direct infringement, benefiting from another's infringing activity with knowledge and control, or knowingly inducing, causing, or materially contributing to infringing conduct. The case of Habana vs. Robles established that substantial reproduction doesn't require copying the whole work, but rather enough to diminish the original's value.
Infringement doesn't just involve copying, but also the injurious effect it causes, such as commercial use without acknowledging the original authors. In the Philippines, copyright infringement is a crime where the intent of the offender is not considered; only the act matters. The ultimate aim of copyright law is to protect owners and incentivize creativity, while also allowing access to copyrighted works for the promotion of knowledge and learning.
Remedies for infringement include injunctions to stop the act, payment of actual or statutory damages, impounding and destruction of infringing articles, moral and exemplary damages, and imprisonment. An action for damages must be brought within four years from the cause of action.
The intellectual property code outlines several situations where using copyrighted material does not constitute infringement. These include reproduction for the blind/visually impaired (non-profit, with attribution), private or charitable/religious performances, fair use quotations with proper citation, mass media reporting of public speeches/articles for information purposes (citing sources), reporting current events via various media, inclusion of works for teaching (citing sources), recordings for educational institutions (temporary and with restrictions), ephemeral recordings by broadcasters, government/institutional use in public interest (fair use), public performances with no admission fee by non-profit organizations, public display of published/transferred works (not via screen), and use for judicial proceedings or legal advice.
Fair use of a copyrighted work for criticism, comment, news reporting, teaching, scholarship, and research is not infringement. Factors to consider for fair use include the purpose and character of the use (commercial vs. non-profit educational), the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market or value of the work. Decompilation of computer programs for interoperability also constitutes fair use under certain conditions.
The private reproduction of a single copy of a published work by a natural person exclusively for research and private study is permitted. However, mass production or commercial use is prohibited. This exception does not extend to architectural works, entire books, musical works, data compilations, computer programs (except for backup), or any work where reproduction would unreasonably conflict with normal exploitation or prejudice the author's legitimate interests.
Non-profit libraries or archives can make a limited number of copies without authorization for specific purposes: for fragile or rare works that cannot be lent, for isolated articles or brief portions of works for research or study, and to preserve or replace lost, destroyed, or unusable copies.
Lawful owners of computer programs are permitted to make one backup copy or adaptation without authorization, provided it's for the program's intended use with a computer or for archival/replacement purposes. These purposes are exclusive, and any unauthorized use of such copies will lead to confiscation and destruction. The Microsoft vs. Comic Alley case illustrates that simply selling illicit copies without authorization constitutes infringement.
Limitations on the rights of performers, producers, and broadcasters (neighboring rights) include personal use, short excerpts for news, teaching/scientific research, and fair use of broadcast. Additionally, the Anti-Camcording Act of 2010 (Republic Act 10885) prohibits using or possessing audiovisual recording devices in exhibition facilities to transmit or copy cinematographic films or their soundtracks without authorization. Violators face fines and imprisonment, and recordings may be destroyed. Cinemas are required to post warnings about this law.