This article explores the legal landscape of copyright ownership and authorship for online content within the Philippines, primarily governed by Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines (IP Code).

I. The Nature of Copyright in Online Articles

In the Philippines, copyright is a statutory right that protects original intellectual creations in the literary and artistic domain. Online articles—whether they are blog posts, news reports, or long-form essays—are classified as "Literary Works" under Section 172 of the IP Code.

Automatic Protection

A crucial principle in Philippine law is that works are protected from the moment of creation.

No Registration Required: Unlike patents, you do not need to register a work with the National Library or the Intellectual Property Office (IPOPHL) to own the copyright.
The Act of Creation: The moment the writer hits "publish" or even saves the draft, the legal protection begins. Registration is merely a "deposit" that serves as prima facie evidence of ownership in court.

II. Authorship vs. Ownership

While the terms are often used interchangeably, Philippine law makes a distinct technical difference between the Author (the creator) and the Copyright Owner (the person who holds the economic rights).

1. Natural Persons as Authors

Under Section 171.1, the author is the natural person who created the work. Only a human being can be an "author" in the sense of moral rights, although a juridical entity (like a corporation) can be a copyright owner.

2. Rules on Ownership

Ownership of an online article depends on the circumstances of its creation:

Original Creation: The author owns the copyright.
Joint Authorship: If two or more people collaborate, they own the copyright jointly. If the parts can be separated (e.g., one wrote the text, one took the photos), each owns their respective part. If they cannot be separated, they own the whole work as co-owners.
Work Created During Employment: This is the most common scenario for online media:
If the article is part of the employee's regular duties, the copyright belongs to the employer, unless there is a written agreement to the contrary.
If the article is not part of regular duties, the copyright belongs to the employee, even if they used company time or resources.
Commissioned Works: If a blogger or freelancer is paid to write an article, the person who commissioned the work owns the work itself, but the copyright remains with the creator unless there is a written contract transferring that ownership.

III. Rights Afforded to Online Authors

Ownership of an online article in the Philippines grants two distinct sets of rights:

1. Economic Rights

These allow the owner to derive financial gain from the work. They include the right to:

Reproduction: Copying the article onto other websites.
Public Display/Communication: Making the work available on the internet.
Transformation: Translating the article or turning it into a script for a video.

2. Moral Rights

Unique to the author (the actual writer), these rights remain even if the copyright is sold or transferred:

Right of Attribution: To be identified as the author.
Right of Integrity: To object to any distortion or modification of the article that would be prejudicial to the author’s reputation.

IV. Infringement in the Digital Space

Copy-pasting an article without permission, even with a link back to the original source, can constitute Copyright Infringement in the Philippines.

The Fair Use Defense (Section 185)

Not all unauthorized use is illegal. The "Fair Use" doctrine allows the use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, and research. Courts determine Fair Use based on:

The purpose and character of the use (commercial vs. non-profit).
The nature of the copyrighted work.
The amount and substantiality of the portion used.
The effect of the use upon the potential market for the work.

V. Duration of Protection

In the Philippines, the copyright for literary works (online articles) lasts for the life of the author plus 50 years after their death. For anonymous or pseudonymous works, the term is 50 years from the date of first publication.

Would you like me to draft a sample Copyright Transfer Agreement specifically tailored for a Philippine-based freelance writer and an online publisher?