[ Act No. 3134, March 06, 1924 ]

AN ACT TO PROTECT INTELLECTUAL PROPERTY

Be it enacted by the Senate and House of Representatives  of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1.  This Act shall be called the Copyright Law of the Philippine Islands.

SEC. 2. Copyright  may be secured by any citizen of the Philippine Islands or of  the United States for any work falling within the following classes of  work:

(a)  Books, including  composite and cyclopedic works, manuscripts,  directories,  gazetteers,  and other  compilations;
(b) Periodicals, including.pamphlets;
(c)  Lectures, sermons, addresses,  dissertations prepared for oral  delivery;
(d)  Dramatic or dramatico-musical compositions;
(e)  Musical compositions with or without words;
(f)  Maps,  plans,  sketches,  charts, drawings,  designs;

(g) Works of art; models or designs for works of art;
(h) Reproductions of  a work of art;
(i)  Drawings or  plastic  works of  a scientific or technical character;
(j)  Photographs,  engravings, litographs, lantern slides, cinematographic pictures;
(k) Prints and pictorial illustrations;
(l)  Dramatizations,  translations,  adaptations,  collections, compilations,  abridgments, arrangements,  commentaries, critical studies, abstracts, versifications;
(m)  Other articles  and writings.

Provided, nevertheless, That any  error in  classification shall not invalidate or impair the copyright protection secured under this Act.

SEC.  3. The proprietor of a copyright or  his  heirs  or assigns  shall have the exclusive  right:

(a) To print, reprint,  publish,  copy, distribute, multiply, sell, and make photographs,  photo-engravings,  and pictorial illustrations of  the copyrighted work;

(b) To make any translation or other version or extracts or  arrangements or adaptations thereof; to  dramatize it if it be  a  non-dramatic work; to convert it into a non-dramatic work  if it be  a  drama; to  complete  or execute it if it be a model or design;

(c) To exhibit, perform, represent, produce,  or reproduce the copyrighted work in  any  manner or by any method whatever for profit or otherwise;  if not reproduced in copies for sale, to  sell any  manuscripts or any record whatsoever thereof;

(d) To make any other use or disposition  of the  copy- righted work consistent with the laws of  the land.

SEC.  4. For the purpose of this Act articles  and other writings published without  the  names of  the  authors or under pseudonyms are considered as the property of the publishers.

SEC. 5. Lines,  passages,  or  paragraphs  in  a book or other copyrighted works may be quoted or cited or reproduced for comment, dissertation, or criticism.

News items, editorial paragraphs, and articles in periodicals  may also be reproduced unless they contain a notice that their publication is reserved or a notice of copyright, but the source of the reproduction  or original  reproduced shall  be cited.  In case  of  musical works  parts of  little extent may also be reproduced.

SEC.  6. The copyright provided for by this Act shall protect all the copyrightable component parts of the work copyrighted and all matter therein  but without extending or diminishing the duration or scope of  such copyright.  The copyright upon composite works shall give to the proprietor thereof all  the rights in respect thereto which he would have  if each part were individually copyrighted under this Act, but if the component parts or matters therein have already been copyrighted  then the copyright secured  for the former is subservient to the latter.

SEC. 7. Collections, compilations,  abridgments,  adaptations, commentaries, critical studies,  abstracts, versifications,  arrangements,  dramatizations, translations, and other versions of copyrighted works when  produced with the consent of the proprietor thereof or of  works enumerated in the next section, or works republished or reproduced with  new  matter and editions with corrections or alterations shall  be regarded  as new works subject to copyright under the  provisions of this Act; but the publication of any of such new  works shall not affect the force or validity of any  subsisting copyright upon the matter employed or any part thereof,  or  be construed to imply an exclusive right to such use of the original works, or to secure or extend copyright  in  such original works.

SEC. 8. No copyright shall subsist in the  original of any work which is in the public domain,  or in any  publication and official document of the  Philippine Government, or any reprint, in  whole  or  in part, thereof, and in speeches, lectures, sermons, addresses, and dissertations pronounced or read  in courts of justice, before administrative tribunals, in deliberative assemblies, and in meetings  of public  character.

SEC. 9.  Copyright  secured is  not subject to levy and attachment.

SEC. 10.  The provisions of this Act shall extend to  the work of a  proprietor, who  is not a  citizen of  the Philip pine  Islands  or of the United  States, only:

(a) When  an alien proprietor shall be domiciled within the Philippine Islands at the time he makes application for copyright; or

(b) When  the foreign state or nation of which such proprietor is a citizen or subject grants, either by treaty, convention agreement, or law,  to citizens of the United States or of the Philippine Islands  the benefit of copyright protection  substantially  equal to the protection  secured  to such foreign proprietor under this Act; or

(c)  When such foreign state or nation  is a party to an international agreement which provides for reciprocity in the granting of copyright and  that the United States  or the Philippine Islands may become a party thereto.

SEC. 11. Copyright for a work may be secured by the registration of the claim to such copyright in accordance with the provisions of this Act and by publication thereof with the required notice of copyright upon the front part  or title-page of each copy thereof published or offered for sale by authority of the copyright proprietor and by depositing with the Director of the Philippine Library and Museum by personal  delivery or by registered mail two complete copies of the copyrighted work or one copy of the issue or issues  containing the work if it be a contribution to a periodical.  No  copyright in any work  is considered as existing until the provisions of this Act  with respect to the deposit of copies and registration of claim to copyright shall have been  complied with.

SEC. 12. Copyright may also be secured for a work not having copies reproduced by  the deposit, with  claim  of copyright, of one complete copy of such work or of  a photographic print or of a photograph  or  other identifying reproduction thereof which in the opinion of the Director of the Philippine Library and  Museum is best for the protection of the public.  But as soon as the work is reproduced copies the provisions of section eleven shall apply.

SEC. 13. No immoral or unchaste  work shall  be copyrighted.  If  it shall be discovered, after a work  has been w° copyrighted, that the said  work is, in the opinion of the Attorney-General, of the nature indicated, the copyright secured  shall become null and void, and the proprietor shall also  be subject to criminal prosecution.  Copies of the work deposited and  instruments of writing in relation thereto filed with the Philippine Library and Museum shall be destroyed by the Director of the Philippine Library and Museum if so ordered by the Department Head.

SEC. 14. For  the purposes of this Act in case of works in series or having several volumes or component parts registered at intervals each series  or volume or component part shall be considered as a distinct and separate work subject to copyright.

SEC. 15.  Copies deposited with the Director of the  Philippine Library and Museum in accordance with the provisions  of sections  eleven  and twelve must be accompanied by an affidavit,  under the official seal of any officer authorized to  administer oaths  within the Philippine Islands, stating where and  in what establishments the work  was made  or performed and the date of the completion of the work or the date  of publication and other requisites which the  Director of the  Philippine Library and  Museum will hereafter determine subject to the approval of the Secretary of Justice.  Any person making a false  statement in  his affidavit shall be deemed guilty of a crime punishable by a fine of not more than two thousand pesos, and all of his rights and privileges under said copyright shall thereafter be forfeited.

SEC. 16. The  notice of copyright required by  section eleven of this Act shall consist of the word "Copyright" accompanied by the name of the copyright proprietor and the year in which the copyright was registered.

SEC. 17. The omission by accident or mistake of the prescribed notice from a particular copy  or copies shall not invalidate the copyright or  prevent recovery for infringement thereof, against any person who, after actual notice of the  copyright, begins an undertaking to  infringe it, but shall prevent the recovery of damages against an innocent infringer who has  been misled by the omission of the notice; and in a suit for infringement no permanent injunction shall be had  unless the copyright proprietor shall  reimburse to the  innocent infringer  his reasonable  outlay innocently incurred if the court, in  its discretion, shall so direct.

SEC. 18. The copyright secured by this Act shall endure for thirty years from the date it is registered.  The proprietor of  such copyright or his assigns  or heirs shall be entitled to a renewal of the copyright for the further term of thirty years  when application for  such  renewal shall have been made to the Philippine  Library and Museum and  duly filed therein within one year prior to the expiration of the original term of copyright.  In default of  the filing of such application for renewal the copyright in any work shall expire at the end of thirty years from the date it is registered.   But in case of works in series  or having several volumes or component parts registered at intervals the  copyright shall  endure  for forty years from the time the  copyright for the first  series or volume or component part has been registered and may be renewed for the same period.

SEC.  19.  Any  person infringing  the copyright in any work protected  under the  provisions of this Act shall be liable:

(a) To  an injunction restraining such infringement;

(b) To  pay to the copyright proprietor or his assigns or heirs such damages  as he may have suffered due to the infringement, as well as all the profits the infringer may have made  from such infringement, and in proving profits the plaintiff shall be required  to prove sales only and the defendant shall be required to prove every element of cost which he claims, or in lieu of actual  damages and profits such damages which to the court shall appear to be just and which shall not exceed the sum of ten thousand pesos nor be less than the sum of two hundred pesos, and shall not  be regarded as a penalty;

(c) To such other terms and conditions which the court may deem wise  and equitable.

SEC. 20.  Any  person infringing any copyright secured by this Act or aiding or abetting such infringement shall be deemed guilty of a crime punishable by imprisonment not  exceeding one year  or by fine not less than two hundred pesos nor more than two thousand pesos or  both,  in the discretion of the court: Provided, however, That nothing in this Act shall be  so construed as to prevent the performance of any work for strictly religious, charitable, or educational  purposes and not for profit by  any  educational, charitable or religious institution or society.

SEC. 21. Any person inserting or impressing any notice of copyright required by this Act,  or words of the same purport in or upon any uncopyrighted work, or removing or altering the copyright notice upon any work duly copyrighted, or issuing or selling any work bearing a notice of Philippine Islands copyright which has not been copyrighted in these Islands or importing any  work bearing such notice or words of the same purport, which has  not been copyrighted in these Islands, shall be guilty of a crime punishable by a fine not less  than two  hundred and  not more than two thousand pesos.

SEC. 22. The importation into the Philippine Islands of any  article bearing  notice  of  Philippine copyright which in reality  does not  exist in the Philippine  Islands, or of any  piratical copies  or  likeness of  any work copyrighted in the Philippine Islands unless imported with the authority of the copyright  proprietor concerned, is  prohibited except when  imported under  the following  circumstances:

First. When imported, not more than one copy  at  one time, for  strictly individual use only.

Second. When imported by the authority  or for the  use of the  Philippine Government or  of  the  United  States Government.

Third.  When imported, for use only and not for sale, not  more than three copies of such work in any one  in- voice, in good faith  for  any religious, charitable, or educational society or institution duly incorporated or registered or for the encouragement of the fine arts, or  for any State, school,  college, university,  or free public  library  in  the Philippine Islands;

Fourth. When  such  works  form parts of libraries or personal baggage  belonging to persons or families arriving from foreign  countries  and are not  intended for sale: Provided, however, That copies imported  as  above may not lawfully be used  in  any way  to violate the rights of  the proprietor of  Philippine copyright or annul or limit  the copyright protection secured by this Act, and such unlawful use shall be deemed an infringement of copyright.

SEC. 23. The Secretary of  Justice and the Secretary of Commerce and Communications are hereby  empowered to make rules  and regulations for preventing the  importation into  the Philippine Islands of  articles  prohibited  importation  by this Act and for seizing and condemning  and disposing of  the  same in case they are discovered after they  have been imported.

SEC. 24. All actions, suits, or proceeding arising under this Act  shall be originally  cognizable by  the  Courts of First Instance of the Philippine Islands and  shall prescribe after two  years from the time the cause of action arose.

SEC. 25. The copyright is distinct from the property in the  material object copyrighted, and the  conveyance or assignment, by gift or otherwise,  of  the copyright shall not  of itself constitute  a transfer of the material object.

SEC.  26.  A  copy  of every assignment or  conveyance of copyright or  permission or  license to  use it or inherited right to it shall be filed  with the Philippine Library and Museum upon payment of the prescribed fee within three calendar months after its execution in the Philippine Islands or within  six months after its execution without the limits of the Philippine Islands, in default of which it shall be void as against any subsequent purchaser or mortgagee or assignee  for  a  valuable  consideration, without  notice, whose assignment has been duly filed.

SEC.  27. A copy of the assignment,  conveyance, license, permission, or statement of the inherited right to a copy- right filed shall  be returned to the sender with a certificate of assignment attached  under the seal of the copyright office.

SEC  28. When an assignment  of the copyright secured for a specified work has  been registered the assignee may substitute his name for that of the assignor  in the statutory notice of copyright prescribed by this  Act.

SEC:  29. Subject to the  approval of the Secretary of it Justice, the Director of the Philippine Library and Museum shall make such rules and regulations as he may deem best for  the management, supervision, and disposition of the copyright office, and  everything in it, and for the registration of claims to  copyright as  provided by  this Act, and for the filing of any instrument  in writing relating thereto, and shall provide and keep such record books and other office equipment  in  the  Philippine  Library  and Museum as are  required to carry  out the provisions of this Act.

SEC.  30. A person registered as the claimant of the copyright shall be given a certificate  of registration under the seal of  the Philippine Library and Museum whose contents, form and design shall be determined by  the  Director of the  Philippine Library and Museum and the said certificate shall be admitted in any  court as prima facie evidence of the  facts stated therein.

SEC. 31. All copies deposited and instruments in writing filed with the Philippine Library and Museum in accordance with  the   provisions of this Act shall  become the property of the Government of the Philippine Islands.

SEC. 32.  The  copyright office and everything in it shall be opened to public inspection subject to  such safeguards and regulations as shall be prescribed by the Director of the Philippine  Library and Museum and approved by the Secretary of Justice.

SEC.  33.  The Director  of the Philippine  Library and Museum shall receive the following fees:

(a)  For the registration  of any  work  subject to copyright,  three pesos;  

(b)  For each assignment, license /w notice, or other instrument of writing filed, two pesos

(c)  For every certified copy issued, one peso.

SEC. 34. Works on which upon the  approval of this Act copyrights exist may be copyrighted  under the provisions of this Act free from any fees.

SEC. 35. This Act shall take effect on its approval.

Approved, March 6, 1924.