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BERONGOY & MONTECLAR LAW FIRM

BERONGOY & MONTECLAR LAW FIRM

Tagbilaran, Philippines

Free Consultation: 15 mins


Founded in 2010
7 people in their team
About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal...
English
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About Copyright Law in Tagbilaran, Philippines

Copyright law in Tagbilaran follows the statutes outlined in the Philippine Intellectual Property Code, Republic Act No. 8293. Here, Copyright is a protection given to the creators of original intellectual and artistic works. These works can include books, music, paintings, sculptures, films, computer programs, databases, advertisements, maps, and technical drawings, to name a few.

Why You May Need a Lawyer

Understanding the nuances of Copyright law can be challenging for most people, especially if you are trying to enforce your rights or contest a copyright claim. You may require a lawyer in situations like drafting licensing agreements, preventing the unauthorized replication of your works, litigating in case of copyright infringements, and to ensure you understand the implication of laws in general. Lawyers with a focus on intellectual property law can provide guidance on these issues, as well as help in registering copyrighted materials.

Local Laws Overview

In the Philippines, the Intellectual Property Code ensures the protection of copyrights. It gives the copyright owner exclusive rights to carry out, authorize, or prevent the reproduction, dramatization, translation, adaptation, rental, and broadcasting of their works. Infringement of these rights could result in imprisonment or fines. However, there are certain exceptions like fair use, which permits limited use of copyrighted material without permission for purposes like criticism, research, and teaching.

Frequently Asked Questions

1. How long does copyright protection last in the Philippines?

The protection period for copyright largely depends on the type of work in question. However, in general, copyright extends during the lifetime of the creator and fifty years after their death.

2. Can I copyright an idea in Tagbilaran?

No, intellectual property rights in the Philippines don't cover ideas. Only the tangible, original expression of an idea can be copyrighted.

3. What are the penalties for copyright infringement?

Penalties typically involve imprisonment ranging from one to three years and/or payment of fines ranging from PHP50000 to PHP150000.

4. How can one register a copyright in the Philippines?

While copyright protection is automatic upon creation of a work, there are benefits to registering the copyright with the National Copyright Directorate. This process begins with filling out an application form and providing the necessary documents.

5. Is my Philippine copyright enforceable in other countries?

Yes. The Philippines is a signatory of several international treaties, which ensures that your copyrighted works are recognized in other member countries.

6. What does 'fair use' mean?

'Fair use' refers to the terms under which copyrighted material may be used without seeking prior permission from the owner. This typically includes instances like research, criticism, or news reporting. However, there are conditions that need to be satisfied for a use to qualify as fair.

7. What is the 'right of attribution' under copyright law?

The 'right of attribution' ensures your right to be identified and acknowledged as the author of your work. It forms part of your moral rights under the Intellectual Property Code.

8. Can I transfer or license my copyright?

Yes, copyrights are transferable and licensable. These transactions, and the specifics of the deal, should be drafted with care and preferably under the guidance of a lawyer.

9. What should I do if my copyright is being infringed upon?

If you suspect copyright infringement, you should consult with a lawyer to understand your rights and the potential remedies available to you. You have the right to enforce the copyright in court if necessary.

10. Is copyright law the same as patent law or trademark law?

No, copyright law differs significantly from patent law and trademark law. They all offer separate forms of protection: copyright for creative and artistic works, patent law for inventions, and trademark law for distinctive signs identifying products or services.

Additional Resources

In need of more advice or help? You might want to reach out to these organizations. The Intellectual Property Office of the Philippines (IPOPHL) is responsible for the issuance and registration of copyrights and other related fields. You could also consider reaching out to local law firms specializing in intellectual property law or the College of Law at a local university.

Next Steps

If you require legal assistance, the recommended first step is to engage a lawyer familiar with intellectual property law and the specific requirements in Tagbilaran. You can approach your legal issues with confidence, understanding that there are skilled professionals ready to help you navigate the complexities of copyright law in the Philippines.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.