COPYRIGHT protects “original intellectual creations in the literary and artistic domains.”i Copyright is different from trademarks in more ways than one. To name a few: (a) A copyright does not need registration (copyrightable works are protected by the sole fact of their creationii); (b) Copyright law allows several unrelated persons or entities to own the rights to the same copyrighted work (The only condition is that neither one of them has copied it from the other. Thus, all are considered “original” works); (c) Copyright is actually a bundle of rights, which includes the right to reproduce, rent, display, perform in public and distributioniii, some of which can be sold or assigned to one or more persons; and (d) Lastly, despite the grant of exclusivity, copyright law allows non-owners to use the copyrighted works without the permission of the owner under certain conditions of “fair use.”iv

iIntellectual Property Code of the Philippines, Section 172.

iiIntellectual Property Code of the Philippines, Section 172.2.

iiiIntellectual Property Code of the Philippines, Section 177.

ivIntellectual Property Code of the Philippines, Section 185.

(clint.fabiosa@iprotect.ph/analiza.villamor@iprotect.ph)