Economic and Moral Rights Conferred by Philippine Copyright Law

Philippine focus. For general information only—this isn’t legal advice.

1) Source of the rights (big picture)

In the Philippines, copyright is governed primarily by the Intellectual Property Code (often called the “IP Code”) and its later amendments. The Code embodies international standards (e.g., Berne/TRIPS/WIPO Internet-era updates) and divides an author’s bundle of entitlements into:

Economic rights — market-facing, i.e., ways to monetize a work.
Moral rights — personality-based, i.e., ways to protect the author’s identity, reputation, and the integrity of the work.

These rights arise automatically upon creation in an original form—no registration is required to enjoy protection (though registration/recordation can help with evidence and transactions).

2) What counts as a “work”

Protected “works” include original literary and artistic creations (books, articles, musical works, films, paintings, photographs, architectural and engineering plans, software and databases with original selection/arrangement, choreography, dramatic works, maps, lectures, etc.). Protection covers the expression, not pure ideas, facts, systems, or styles.

3) Economic rights (the monetization bundle)

Unless transferred or licensed, the author (or other first owner under the Code’s special rules) controls the following exclusive acts:

Reproduction
- Making copies in any manner or form (printing, photocopying, scanning, downloading, caching beyond technical necessity, etc.).
Adaptation/Transformation
- Creating derivative works (translations, arrangements, dramatizations, film adaptations, novels-to-comics, software ports, etc.).
Distribution of copies
- Putting physical copies into commercial circulation (sale or other transfer of ownership).
- The exhaustion (first-sale) principle generally limits control over further resales of a lawfully sold copy in the same market; it does not authorize reproduction of new copies and may operate differently for digital transfers.
Public performance
- Performing works before an audience (concerts, theater, broadcast performances in public places, playing music in bars/restaurants, etc.).
Public display
- Exhibiting artworks, photographs, audiovisual frames, etc., to the public.
Communication to the public / making available
- Transmitting or making a work accessible at a time/place chosen by the public (broadcast, cable, streaming, on-demand, interactive platforms, web posting of downloadable files).
Commercial rental (for specific categories)
- A separate right to authorize for-profit lending (not mere sale) of, for example, computer programs, audiovisual works, and sound recordings, recognizing that rental can substitute for purchase.

Scope & “three-step test.” Limitations and exceptions must be (i) special cases, (ii) not conflict with normal exploitation, and (iii) not unreasonably prejudice the rightholder’s legitimate interests. This principle informs interpretation of all exceptions.

4) Moral rights (the personality bundle)

Moral rights are independent of economic rights and (by default) remain with the author even after selling or licensing the economic rights. They typically include:

Right of attribution (paternity)
- To be named as the author in the usual manner; to decide to publish anonymously or under a pseudonym.
Right to integrity
- To object to any distortion, mutilation, modification, or other derogatory action in relation to the work that would be prejudicial to the author’s honor or reputation.
Right against false attribution
- To prevent the author’s name from being attached to works or versions the author did not create or approve.
Right to make changes and to withhold publication prior to first disclosure
- Before first public release, the author has control over when and in what form the work is revealed (subject to contracts already concluded).
- After publication, the integrity right remains, but ordinary editorial processes validly authorized by contract/licence are generally permissible if not prejudicial to honor/reputation.

Transfer/waiver. Moral rights are not assignable, but may be waived in writing (in whole or in part). Waivers are narrowly construed and do not permit uses that falsely attribute authorship or defame the author.

Post-mortem exercise. After the author’s death, moral rights are typically exercised by the heirs or designated successors.

5) Who owns the rights at the start?

Single author — the author.
Joint authors — co-owners in equal shares absent contrary agreement.
Employee-created works — fact-specific; in general, economic rights may vest in the employer if the work is created in the course of employment and within the scope of duties (especially for software and audiovisual production), unless the contract says otherwise. The employee retains moral rights.
Commissioned works — ownership depends on written agreement; without a clear written assignment, the author usually keeps copyright (the commissioner typically gets only the purpose-specific license implied by the commission).
Audiovisual works — the Code designates multiple “authors” (e.g., producer, director, screenplay writer, composer of music created for the film). Production contracts usually allocate and consolidate exploitation rights to the producer.

6) How long protection lasts

General rule (most works): life of the author + 50 years after death.
Joint works: 50 years from the death of the last surviving co-author.
Anonymous/pseudonymous works: 50 years from lawful publication (or creation if not published within a set period), unless identity becomes known earlier.
Audiovisual, sound recordings, broadcasts, photographs, applied art, and similar categories: fixed-term protection typically measured from publication or creation (not tied to an individual’s life).
Moral rights: endure during the author’s lifetime and survive for a period after death (aligned with Code timelines); they can be enforced by heirs/successors.

Tip: Different categories have different start dates (publication vs. creation) and counting rules. Contracts frequently restate these to avoid ambiguity.

7) Using or transferring the rights

Licences (exclusive or non-exclusive) let others do specified acts. Exclusive licences must be in writing to be enforceable against third parties.
Assignments transfer ownership of economic rights (must be in writing).
Collective management organizations (CMOs) may license public performance/communication rights for large catalogs (e.g., music) and collect royalties on behalf of members.
Recordation with the IP Office is not constitutive but helps put third parties on notice.

8) Limitations and exceptions (selected)

These carveouts balance public interest and private rights (always read narrowly and in light of the three-step test):

Fair use. Case-by-case balancing of four classic factors:
1. purpose/character of use (including non-profit/transformative research, criticism, commentary, parody, teaching),
2. nature of the work,
3. amount/substantiality used, and
4. effect on the potential market or value.
Quotations compatible with fair practice, with attribution.
News reporting (use of works seen/heard in the course of reporting current events), with attribution.
Teaching/learning uses within reasonable bounds; library/archives preservation copying; ephemeral recordings by broadcasters.
Private reproduction for non-commercial, personal use (subject to limits and anti-circumvention rules).
Freedom of panorama (limited) for artworks permanently located in public places (mind the contours; don’t assume blanket permission for all uses).
Computer program exceptions (e.g., backup copy, interoperability, error correction) within necessity boundaries.

Exceptions do not permit removal or circumvention of technological protection measures (TPMs), nor deletion of rights-management information (RMI) tied to the work.

9) Internet-era protections

Communication/making-available right squarely covers streaming, downloads, and platform uploads.
Anti-circumvention prohibits tampering with TPMs protecting a work, and trafficking in circumvention tools, with limited exceptions (e.g., law enforcement, encryption research under strict conditions).
RMI protection penalizes knowing removal/alteration of metadata (titles, authorship, identifiers) when it facilitates infringement or misleads.

10) Special remunerations

Resale right (droit de suite) for original works of art and manuscripts. Authors of original paintings, sculptures, and original manuscripts can be entitled to a share in the price from subsequent sales through dealers/auctioneers. Statutory details (qualifying sales, rates, thresholds, collection) apply; contracts, CMOs, and practice govern implementation.

11) Infringement, defenses, and remedies (snapshot)

Infringement occurs when any exclusive act is done without authorization and outside an exception.
Secondary liability can attach to those who knowingly facilitate infringement (e.g., distributing infringing copies, providing services primarily designed for infringement).
Civil remedies: injunctions (including takedowns and impounding), actual damages (lost profits/licence fees), moral/exemplary damages in proper cases, attorney’s fees, and destruction or forfeiture of infringing goods and devices.
Criminal penalties exist for willful, commercial-scale infringement (fines and imprisonment).
Border measures permit customs action against pirated imports.
ISP/process-server cooperation may be sought under notice-and-takedown frameworks consistent with due process and privacy laws.

Common defenses: fair use; licensed use; public domain; independent creation; de minimis; permitted library/teaching uses; statutory exceptions; exhaustion for downstream resale of a lawfully sold physical copy.

12) Practical contracting tips

Spell out scope (media, territory, term), exclusivity, sublicensing, and revocation triggers.
TPMs & delivery: define formats, watermarking, and approved platforms.
Credits clause: operationalize moral rights (name display, logo placement, edit approvals, treatment of adaptations).
Warranties/indemnities: authors warrant originality and ownership; users warrant compliance and quality of attribution.
Audit/royalties: set reporting frequency, audit rights, late-payment interest.
Termination & reversion: include milestones and cure periods; consider out-of-print or non-use reversion.

13) Everyday examples

Teacher posts full PDF of a textbook on a public class site. Likely infringement (reproduction + communication to the public); evaluate fair use—full-text posting usually weighs against it.
Bar plays background music for customers. Public performance right implicated; venue should secure a public performance licence (often via a CMO).
Developer decompiles software to make an interoperable plugin. May fit a program interoperability exception if strictly necessary and confined to that purpose.
Gallery resells a painting by a living artist. Resale right considerations may apply; check qualifying conditions and ensure proper remittance/reporting.

14) Key takeaways

Economic rights let authors (and transferees) control copying, adaptation, distribution, performance, display, communication, and—in specified cases—rental.
Moral rights protect attribution, integrity, and protection against false attribution; they’re not assignable, though waivable in writing and enforceable after death by successors.
Protection is automatic at creation; contracts and exceptions (especially fair use) calibrate real-world uses.
Digital exploitation triggers making-available, TPM, and RMI rules.
Remedies are robust: civil, criminal, administrative, and border enforcement.

Want this tailored to your situation?

Tell me: (1) what you’ve created (type of work), (2) how you plan to use or license it (media/territory/term), and (3) where it will be posted or performed. I can draft a rights checklist and a short rights-grant clause you can hand to counsel for review.