Determining Authorship and Copyright Ownership of a Written Article in the Philippines

Introduction

In the Philippines, the legal framework governing authorship and copyright ownership of written articles is primarily enshrined in Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines (IP Code), which took effect on January 1, 1998. This legislation aligns with international standards, including the Berne Convention for the Protection of Literary and Artistic Works, to which the Philippines is a signatory. Written articles, classified as literary works under the IP Code, encompass a broad range of expressions such as essays, news articles, blog posts, academic papers, and other textual creations fixed in a tangible medium. Determining authorship and copyright ownership involves ascertaining the creator's identity, the initial vesting of rights, and any transfers or exceptions that may apply. This article explores these elements comprehensively within the Philippine context, drawing on statutory provisions, jurisprudence, and administrative guidelines from the Intellectual Property Office of the Philippines (IPOPHL).

Defining Authorship

Authorship refers to the natural person or persons who create an original work of authorship. Under Section 171.1 of the IP Code, a "work" includes literary and artistic creations that are original intellectual creations in the literary and artistic domain, protected from the moment of creation. For written articles, authorship is attributed to the individual who originates the expression of ideas, facts, or concepts in a fixed form, such as writing on paper, typing on a computer, or publishing online.

Originality Requirement

Originality is a cornerstone of authorship. Philippine law does not require novelty in the sense of absolute newness but mandates that the work must originate from the author and exhibit a modicum of creativity. As established in the case of Joaquin v. Drilon (G.R. No. 108946, January 28, 1999), mere compilation of facts, such as in directories or reports, may not qualify if lacking creative selection or arrangement. However, journalistic articles involving investigative reporting or unique phrasing typically meet this threshold.

Proof of Authorship

Authorship is presumed in favor of the person whose name appears on the work as the author, per Section 219 of the IP Code. This presumption can be rebutted by contrary evidence. In practice, authors can strengthen their claim through affidavits, timestamps on digital files, or registration with IPOPHL, though registration is not constitutive of rights but merely prima facie evidence.

Joint Authorship

When two or more persons collaborate on a written article with the intention that their contributions merge into a unitary whole, joint authorship arises under Section 178.3 of the IP Code. Each co-author holds an undivided interest in the entire work, allowing independent exploitation unless agreed otherwise. Disputes over joint authorship often hinge on the intent to create a joint work, as seen in Pearl & Dean (Phil.), Inc. v. Shoemart, Inc. (G.R. No. 148222, August 15, 2003), where collaborative intent was scrutinized.

Copyright Ownership

Copyright ownership vests automatically in the author upon creation and fixation of the work, without need for registration or formalities, in accordance with Article 5 of the Berne Convention and Section 172 of the IP Code. For written articles, this includes both economic rights (e.g., reproduction, distribution) and moral rights (e.g., attribution, integrity).

Initial Ownership

The author is the initial owner. If the article is created by an employee in the course of employment, ownership may differ (discussed below). For freelance writers or independent creators, full ownership remains with them unless transferred.

Moral Rights

Unique to Philippine law, moral rights under Sections 193-199 of the IP Code are inalienable and perpetual. These include:

• Right of Attribution: The right to be recognized as the author.
• Right of Integrity: Protection against distortion, mutilation, or modification that prejudices the author's honor.
• Right Against False Attribution: Prevention of crediting the work to another.
• Right of Disclosure: Control over when and how the work is first published.

Moral rights survive the author and pass to heirs, enforceable indefinitely for attribution and up to 50 years post-mortem for integrity in certain cases.

Economic Rights

Economic rights, detailed in Section 177 of the IP Code, are transferable and include:

• Reproduction in copies.
• Transformation or adaptation.
• First public distribution.
• Rental.
• Public display.
• Public performance.
• Other communication to the public.

These rights enable monetization through licensing, assignment, or sale.

Special Cases in Ownership

Works Made for Hire

Under Section 178.2 of the IP Code, if a written article is created by an employee during employment, the employer owns the copyright unless otherwise stipulated in the contract. This applies to journalists employed by media outlets; the newspaper or publisher typically owns the economic rights, while the employee retains moral rights. For commissioned works, such as freelance articles, the commissioning party owns the copyright only if explicitly agreed in writing; otherwise, it remains with the creator.

In ABS-CBN Broadcasting Corp. v. Philippine Multimedia System, Inc. (G.R. No. 175769-70, January 19, 2009), the Supreme Court clarified that employment context determines ownership, emphasizing the need for clear agreements.

Government Works

Articles created by government employees in official duties are owned by the government under Section 176 of the IP Code, but no copyright subsists if the work is a public document. However, personal writings by officials may retain individual ownership.

Anonymous and Pseudonymous Works

For articles published anonymously or under a pseudonym, copyright is owned by the publisher unless the author's identity is revealed, per Section 178.4. Protection lasts 50 years from publication.

Transfers and Assignments

Ownership can be transferred via assignment, licensing, or inheritance. Assignments must be in writing and recorded with IPOPHL for third-party effect (Section 183). Partial transfers are possible, e.g., assigning only reproduction rights.

Duration of Copyright Protection

Copyright duration for written articles is the author's life plus 50 years, per Section 213.1 of the IP Code. For joint works, it's measured from the last surviving author's death. Anonymous or pseudonymous works: 50 years from publication or creation if unpublished. Works for hire: 50 years from publication or creation.

Upon expiration, the work enters the public domain, free for use without permission.

Registration and Deposit

While not required for protection, registration with IPOPHL under Sections 172 and 191 provides prima facie evidence of ownership and creation date. The process involves submitting an application, affidavit, and copies of the work. Deposit of two copies with the National Library and Supreme Court Library is mandatory within one month of publication for published works (Section 191).

Exceptions and Limitations

Copyright is not absolute. Section 184 outlines limitations, including fair use for criticism, comment, news reporting, teaching, scholarship, or research. Factors for fair use, inspired by U.S. law but adapted, include purpose, nature of work, amount used, and market effect, as analyzed in Habana v. Robles (G.R. No. 131522, July 19, 1999).

Reproduction for private use, library archiving, or quotations in articles is permitted if not substantial.

Enforcement and Remedies

Infringement occurs when economic or moral rights are violated without authorization. Remedies under Sections 216-219 include injunctions, damages (actual or statutory up to PHP 150,000 per infringement), impounding, and criminal penalties (fines up to PHP 1,500,000 and imprisonment up to 9 years for willful infringement).

Civil actions are filed with Regional Trial Courts designated as IP courts, while administrative complaints go to IPOPHL. The Supreme Court in Columbia Pictures, Inc. v. Court of Appeals (G.R. No. 110318, August 28, 1996) emphasized the need for substantial similarity in proving infringement of written works.

IPOPHL also handles alternative dispute resolution for ownership disputes.

International Considerations

As a Berne Convention member, Philippine copyright extends protection to foreign authors from member countries on a national treatment basis. The IP Code incorporates TRIPS Agreement obligations, ensuring minimum standards. For cross-border issues, such as online articles accessible globally, jurisdiction may involve Philippine courts if infringement occurs locally.

Conclusion

Determining authorship and copyright ownership of written articles in the Philippines hinges on creation, originality, and statutory presumptions, with ownership vesting in authors subject to exceptions like works for hire. The IP Code provides robust protection through moral and economic rights, balanced by limitations to promote public access. Authors and owners must navigate transfers, registration, and enforcement mechanisms to safeguard their interests, ensuring the vitality of literary expression in the archipelago's creative landscape.