This article explains how to draft and use a copyright notice in the Philippines, and situates that practice within Philippine law on authorship, moral rights, employment/commissioned works, assignments, and related compliance issues. It is written for founders, in-house counsel, creators, agencies, and publishers.
1) The Copyright Notice—What It Is (and Isn’t)
Copyright arises automatically in the Philippines the moment an original work is fixed in a tangible medium (e.g., written, recorded, saved to disk). Registration or notice is not required to obtain protection. A notice is therefore a best-practice label, not a prerequisite. Used well, it:
- Puts the public on constructive notice of your claim.
- Clarifies who owns the rights and when protection began (year of first publication).
- Signals what uses are permitted or prohibited, reducing “I didn’t know” defenses.
- Helps with licensing and takedowns (clear owner identity/contact).
Core elements of a Philippine copyright notice
- Copyright symbol:
©(or the word “Copyright”). - Year of first publication: the first time the work was made available to the public.
- Name of the copyright owner: a natural person or a juridical person (company, NGO).
- Rights statement (optional but recommended): e.g., “All rights reserved,” or a customized reservation or license summary.
Model formats
- Individual owner
© 2025 Juan Dela Cruz. All rights reserved. - Company owner
© 2025 Acme Innovations, Inc. All rights reserved. - Joint authors
© 2025 Maria Reyes & Jose Santos. All rights reserved. - Collective work (e.g., magazine/website)
© 2025 Bayan Media Co. on the collective work; individual articles © their respective authors. All rights reserved. - Filipino/English bilingual
© 2025 ABC Studio, Inc. All rights reserved. / Lahat ng karapatan ay nakalaan.
Tip: If the work is unpublished, use the year of completion (or the year you first disseminate pre-release copies) and update when you formally publish.
Where to place the notice
- Print: title page verso; cover footer; colophon; or near the work itself (e.g., photograph caption).
- Web & software: site footer, “About/Legal” page, in-app “About,” splash screen, source file headers, build artifacts’ “About” dialog.
- Images/video/audio: embedded in metadata (EXIF/IPTC/XMP), end credits, watermark (subtle), album/sleeve notes.
- Social media: bio or post caption; link to full license/terms.
2) Authorship and Initial Ownership
Who is the “author”?
- Natural persons who create the work are the authors.
- Joint authorship exists when two or more persons intend their contributions to merge into inseparable or interdependent parts of a unitary whole. Absent a different written agreement, joint authors co-own the copyright (typically equal undivided shares) and must account to each other for exploitation.
Presumptions and special cases
- Anonymous/pseudonymous works: the publisher is presumed to represent the author(s) unless or until the real identity is revealed or recorded.
- Collective works (e.g., periodicals): the producer/publisher generally owns the copyright in the selection, coordination, and arrangement of the collective work; the authors retain rights in their individual contributions, unless assigned.
Government works
As a rule, works of the Philippine government are not subject to private copyright protection. However, agency approval may be required for profitable reproduction or exploitation, and statutes, regulations, and court decisions are part of the public domain. When reusing government materials, identify and separate any third-party content that may still be protected.
3) Moral Rights (Hiwalay sa Economic Rights)
Moral rights protect the author’s personal connection to the work. They are independent of, and remain with the author even if economic rights are assigned, unless waived in writing (waivers are narrowly construed).
Core moral rights of a Filipino author typically include:
- Attribution — to be named as the author and to decide the manner of attribution.
- Integrity — to object to any distortion, mutilation, or modification prejudicial to honor or reputation.
- Disclosure/Withholding — to decide when and how to publish the work (or keep it unpublished).
- Withdrawal — to withdraw the work from circulation for just cause, subject to compensating lawful licensees for resulting damages.
Duration: Moral rights generally endure for at least the author’s lifetime and continue to be enforceable (e.g., by heirs) after death for a statutory period aligned with economic rights. They are not assignable, though written waivers for specific uses are common in practice (e.g., adaptations, advertising edits). Even with a waiver, credit is often preserved contractually.
Practical clause (moral rights waiver for advertising/AV): “The Author waives, to the extent permitted by Philippine law, the right to object to editing, cropping, color correction, soundtrack replacement, subtitle/dubbing, format changes, and other technical modifications customary for advertising, streaming, broadcast, or platform compliance; provided the integrity of the Work is not prejudiced and appropriate credit is given where feasible.”
4) Economic Rights and Term
Economic rights (reproduction, adaptation/derivative works, distribution, rental, public performance, public display, communication to the public, etc.) allow the owner to commercially exploit the work or license others to do so.
Term of protection (default): Life of the author + 50 years after death. For joint works, the term is measured from the last surviving co-author’s death. For anonymous/pseudonymous works, the term is counted from first publication (with special rules if identity becomes known). Related-rights categories (performers, sound recordings, broadcasts) follow different terms.
5) Employment and “Work-for-Hire” in the Philippine Sense
The Philippines does not follow the broad U.S. “work made for hire” doctrine. Instead, initial ownership turns on employment status and commissioning:
(A) Works created in the course of employment
- If the employee’s regular duties include creating the kind of work produced (e.g., a staff designer hired to design), the employer is the initial owner of the economic rights, unless a contract states otherwise.
- If the work is created by an employee outside regular duties and without using employer resources (or outside scope and time), the employee is the owner.
- Moral rights remain with the natural-person author (employee), subject to possible written waivers/consents.
Best practice: Insert a clear IP ownership clause in employment contracts and employee handbooks, covering scope, tools/resources, after-hours inventions, and the duty to execute confirmatory assignments.
(B) Commissioned works (independent contractors, agencies, freelancers)
- As a default rule, even when a work is commissioned and paid for, copyright remains with the creator (the contractor) unless there is a written assignment or license transferring ownership or granting specified rights to the client.
- The material object (e.g., physical painting, master file delivered) may belong to the client upon delivery, but copyright is separate.
- To avoid disputes, use clear written agreements stating whether the arrangement is an assignment (transfer of ownership) or a license (permission under conditions such as duration, territory, exclusivity, media, and scope).
Commissioning checklist: define deliverables; ownership (assignment vs. license); scope (print, OOH, broadcast, social, apps, games, merch); derivatives (edits, localizations); exclusivity; territory and term; platform rights; credit; moral-rights waivers (to the extent allowed); approvals and kill fees; indemnities; attribution; and DRM/anti-circumvention compliance if relevant.
6) Assignments, Licenses, and Recordals
- Assignments (ownership transfers) and exclusive licenses should be in writing, signed by the copyright owner or authorized agent.
- Non-exclusive licenses can be verbal or implied, but written terms avoid ambiguity.
- Recordal with the Intellectual Property Office of the Philippines (IPOPHL) is not required for validity between the parties, but recording can help establish priority and make the transfer effective against third parties.
- For cross-border deals, align governing law, venue, and collective management implications (e.g., music public performance and mechanical rights via local CMOs).
7) How to Draft an Effective Notice (with Philippine Nuance)
A. Choose the right owner name
- Use the legal name for companies (including “Inc.”/“Corp.”) or the full personal name for individuals.
- For groups or pseudonyms, consider:
© 2025 Banda XYZ (through XYZ Music, Inc.).
B. Add a succinct rights statement
- Classic: “All rights reserved.”
- Granular: “All rights reserved. No part of this publication may be reproduced, stored, or transmitted in any form or by any means without prior written permission, except for brief quotations for review or scholarly purposes.”
- Open-licensing: Reference the license: “Licensed under CC BY-NC-ND 4.0.” (If you use Creative Commons, apply it consistently and link to the full terms.)
C. Add contact or URL
- Provide a licensing contact or rights@ email. This materially improves clearance and reduces infringement born of uncertainty.
D. Consider language
- Tagalog/Filipino versions increase comprehensibility for local audiences: “Pinapahintulutan ang limitadong pagbanggit para sa pagsusuri o pag-aaral; hingin ang pahintulot para sa iba pang paggamit.”
E. Special verticals
- Software & code: use license headers in source files and a
LICENSEfile at the project root (even for proprietary code). - Photos/design: embed notice and author credit in metadata; use subtle, non-destructive watermarks for online portfolios.
- Film/TV/ads: consolidate notices in opening/closing slates and master cue sheets; match employment/commissioning documentation to the chain of title.
8) Sample Boilerplates You Can Reuse
(1) Standard short form
© 2025 Respicio Labs, Inc. All rights reserved.
(2) Long-form print colophon
© 2025 Respicio Publishing, Inc. All rights reserved.
No part of this work may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.
For permissions, contact rights@respiciopub.ph.
(3) Commissioning (assignment) clause
Assignment of Copyright. Subject to full payment, Contractor assigns to Client all worldwide right, title, and interest in and to the Deliverables, including all economic rights therein, together with the right to prepare derivative works, for the duration of protection provided by applicable law. Contractor retains moral rights as author, but agrees to provide written consent and reasonable waivers, to the extent permitted by Philippine law, for customary editing, formatting, and adaptations required for Client’s intended uses. Contractor shall execute confirmatory instruments upon request.
(4) Commissioning (exclusive license) clause
Exclusive License. Contractor grants Client an exclusive, transferable, sublicensable license to reproduce, adapt, distribute, publicly perform, display, and communicate the Deliverables in the Philippines and worldwide, in all media now known or hereafter devised, for five (5) years from first publication. Contractor retains ownership; Client shall credit Contractor in substantially the following form: “© [Year] [Contractor]. Licensed exclusively to [Client].”
(5) Employment IP clause (scope-of-duties capture)
Work Product. Employee acknowledges that creative works produced within the scope of Employee’s regular duties and responsibilities are owned by the Employer. For avoidance of doubt, such duties include [designing UX/UI assets for the Company’s apps and websites]. Employee shall promptly disclose and assign to Employer all such works and execute confirmatory assignments. Moral rights remain with Employee, who consents to customary edits and format changes not prejudicial to honor or reputation.
(6) Website footer (bilingual)
© 2025 ABC Studio, Inc. All rights reserved. / Lahat ng karapatan ay nakalaan.
Terms • Privacy • Licensing: rights@abcstudio.ph
9) Compliance, Enforcement, and Practical Tips
- Keep drafts and dated files. If infringement arises, contemporaneous files (source files, emails, version history) are persuasive.
- Use consistent notices across prints, PDFs, sites, apps, and media packages.
- Register (optional) significant works with IPOPHL to strengthen your documentary trail; while protection is automatic, a certificate may ease enforcement and evidence issues.
- Police platforms: prepare a standard takedown letter and maintain proof of ownership; understand platform-specific reporting tools.
- Music & AV: clear performance, mechanical, and synchronization rights; coordinate with local collective management organizations (CMOs).
- Open-source: if incorporating third-party OSS, comply with license obligations (attribution, source disclosure for copyleft, notices in documentation).
- Third-party content in government publications: do not assume it is public domain; clear separately.
- Derivatives and AI: document human authorship and originality; clearly state whether AI-assisted elements are included and the human contribution.
10) Frequently Asked Questions (Philippine Focus)
Q1: Do I need “All rights reserved”? No, but it’s a conventional shorthand. You can tailor a rights statement or reference a license.
Q2: Is the © year the year I finished the work or first published it?
Use the year of first publication. If you revise significantly, you can add a range (e.g., © 2022–2025 Acme, Inc.) or separate notices per edition.
Q3: Our agency paid a freelancer—do we automatically own the copyright? Not by default. You need a written assignment (for ownership) or a license (for defined permissions). Payment alone is not enough.
Q4: Can an employer rely on work-for-hire? If creation is within regular duties, the employer is the initial owner of economic rights. Put this expressly in the employment contract and obtain confirmatory assignments.
Q5: Can moral rights be waived? They cannot be assigned, but specific written waivers/consents are common (e.g., to allow editing, formatting, translations). Credit is usually preserved.
Q6: Are court decisions and laws protected by copyright? No—these are in the public domain. But annotations, headnotes, and editorial enhancements may be protected as original material.
11) Quick Checklist (Cut-Out-and-Keep)
- The notice appears wherever the work appears.
-
© + Year of first publication + Owner namepresent. - Rights statement tailored; contact or URL included.
- Authorship and initial ownership mapped (employee vs. contractor vs. joint).
- Employment and commissioning contracts include clear IP clauses and moral-rights waivers (to the extent permitted).
- For collective works, contribution and credit split are documented.
- If assigning or licensing, it’s in writing, signed, and (ideally) recorded.
- Government material separated from third-party content.
- Metadata populated (EXIF/IPTC/XMP; code headers; document properties).
- Evidence preserved (drafts, emails, briefs, versions).
12) Ready-to-Use Templates
A. Copyright page (book/report)
© 2025 Respicio Research, Inc. All rights reserved.
No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher, except for brief quotations in a review or scholarly work.
ISBN: [●]
For permissions and licensing: rights@respicioresearch.ph
Printed in the Philippines.
B. Photo/illustration license sticker
© 2025 [Artist Name]. Licensed to [Client] for use in [Campaign/Project],
territory: [PH/Worldwide], media: [print, social, OOH], term: [24 months],
exclusivity: [exclusive/non-exclusive]. Attribution required where feasible.
C. Software header (proprietary)
// © 2025 Respicio Software, Inc. All rights reserved.
// This file is proprietary and confidential. Unauthorized copying, distribution,
// or modification of this file, via any medium, is strictly prohibited.
// For licensing inquiries: legal@respicio.software
Bottom Line
- Notice isn’t mandatory, but it’s cheap, decisive risk-management.
- Map authorship carefully; don’t confuse paying for a work with owning the copyright.
- Employment and commissioning rules differ; write them down.
- Moral rights live with people—plan for attribution and integrity, and obtain specific written waivers where needed.
- Keep your chain of title clean: notices, contracts, and recordals work together to prevent costly disputes.
If you want, I can tailor the model notices and contract language to your specific industry (software, publishing, design, film/TV, advertising, music) or convert the checklists into a printable one-pager.