1. ©
Copyright Issues for Audiovisual Works
By Jonas T. Sahagun

2. Outline ©
1) Definition
2) Scope
3) Audiovisual works
• Films
• Sound recordings
4) Ownership
5) Rights
6) Limitations
7) Term of protection

3. What is copyright? ©
• Is a property right in certain types of work;
• Are the original products of skill, labor and
judgment by their author;
• Duration is for a fixed period;
• Gives the owner the power to control use of a
substantial part but which does not give the
owner a monopoly in facts or ideas; and
• Is subject to certain defined exceptions.

4. Cont’d… ©
• It springs from the idea that anything we create
is an extension of „self ‟ and should be protected
from general use by anyone else.
• Coupled with this is the idea that the person
creating something has exclusive rights over the
thing created, partly for economic reason but
also because of this extension of „self ‟ idea.

5. Cont’d… ©
• Copyright is the protection given by law to
authors of scientific, literary, and artistic works.
• It is not one right but a bundle of rights.

6. Cont’d… ©
• Philippine law provides that intellectual
creations in the literary and artistic domain are
protected from the moment of its creation.
• Works are protected by the sole fact of their
creation, irrespective of their mode or form of
expression, as well as their content, quality and
purpose.

7. What things are covered by copyright? ©
Copyright includes literary (written) & artistic
(graphic, photographic or three-dimensional)
works, dramatic works (plays, ballets, operas),
musical works, films, sound recordings, radio
and television broadcasts, computer software
and typographical arrangement of published
editions.

8. What is an audiovisual work? ©
Section 172.1 (l) of R.A. No. 8293 states that
“Audiovisual works and cinematographic works
and works produced by a process analogous to
cinematography or any process for making
audio-visual recordings” are included as original
(literary and artistic) works protected by
copyright.

9. Cont’d… ©
An “audiovisual work” is generally understood to
mean a work that consists of a series of related
images which impart the impression of motion,
with or without accompanying sounds,
susceptible of being made visible and, where
accompanied by sounds, susceptible of being
made audible.

10. Cont’d… ©
• Multimedia works, interactive or not, are
audiovisual works and may qualify as motion
pictures.
• New CD based works that contain both audio
only and audiovisual segments may also qualify
as audiovisual works.

11. Cont’d… ©
Motion pictures and other audiovisual works are
copyrightable as unitary works. They also are complex
combinations of other works, each including:
1) literary and dramatic works (embodied in the
screenplay);
2) musical works and sound recordings (embodied in the
soundtrack); and
3) pictorial, graphic and sculptural works (embodied in
each frame of the audiovisual work, and possibly the
copyrightable elements contained therein).

12. Films ©
• It includes anything from which a moving image
can by any means be produced.
• This covers film of all kinds, video, DVD and
any other new technologies which produce
moving images.

13. Sound recordings ©
• It is in any form of recording of sounds from
which sounds may be reproduced.
• It includes wax cylinders, vinyl discs, audio
cassettes, compact discs and DVDs.
• It also includes sounds recorded and stored in
digital form from which sounds can be
reproduced.

14. Who owns the copyright? ©
• The owner of copyright in a work is generally
the person who created the work. In other
words, the author of the work.

15. Cont’d… ©
• In the case of audiovisual works, the copyright shall
belong to the producer, the author of the scenario,
the composer of the music, the film director, and
the author of the work so adapted.
• Subject to contrary or other stipulations among
creators, the producers shall exercise the copyright
to an extent required for the exhibition of the work
in any manner, except for the right to collect
performing license fees for the performance of
musical compositions, with or without words, which
are incorporated into the work.

16. Can archives acquire the copyright? ©
• Yes, copyright, like an ordinary property, may be
transferred in whole or in part. Within the scope
of the assignment, the assignee is entitled to all
rights and remedies which the assignor had with
respect to the copyright.

17. What are the rights of the owner? ©
• The law specifies exclusive rights to carry out,
authorize or prevent the following acts:
1) Reproduction of the work;
2) Prepare derivative works;
3) First public distribution of the work;
4) Rental of a cinematographic work, sound recording,
computer program, musical work in graphic form;
5) Public display of the work;
6) Public performance of the work; and
7) Other communications to the public of the work.

18. Cont’d… ©
Producers of sound recordings shall enjoy the following
exclusive rights:
1) The right to authorize the direct or indirect
reproduction of their sound recordings, in any manner
or form;
2) The right to authorize the first public distribution of the
original and copies of their sound recordings through
sale or rental; and
3) The right to authorize the commercial rental to the
public of the original and copies of their sound
recordings, even after distribution by them by or
pursuant to authorization by the producer.

19. © The Mike Abundo Effect

20. If the archives has a collection of film or ©
sound recordings but don’t own copyright:
Can they copy it?
No, not without express permission of the owner.
Can they play it?
Yes, they can be played for private
listening/viewing in carrels or somewhere
similar inside the premises.

21. What are its limitations? ©
• Copyright does not continue indefinitely. The
law provides for a period of time, a duration,
during which the rights of the copyright owner
exist.
• The owner of a copyright in a work is protected
by the law of a country against acts restricted by
copyright which are done in that country.

22. Cont’d… ©
• The performance of a work if done privately
and free of charge once it has been made
accessible to the public.
• The public performance or the communication
to the public of a work, in a place where no
admission fee is charged, by an institution for
charitable or educational purpose only, whose
aim is not profit making.

23. © Copyright for Artists: Quick and Easy Copyright Protection

24. How long does the copyright last? ©
• In case of audiovisual works including those
produced by process analogous to photography
or any process for making audio-visual
recordings, the term shall be fifty (50) years
from date of publication and, if unpublished,
from the date of making.

25. Recommended reading ©
For further information on other “original works”
covered by copyright and their terms of
protection, you may refer to the Intellectual
Property Code of the Philippines (Republic Act No.
8293).

26. References ©
Amador, V.B. (2007). INTELLECTUAL PROPERTY FUNDAMENTALS. Quezon City : C &
E Publishing, Inc.
Cornish, G.P. (2009). COPYRIGHT: INTERPRETING THE LAW FOR LIBRARIES,
ARCHIVES AND INFORMATION SERVICES. London : Facet Publishing.
Filipinas Copyright Licensing Society, Inc. [2011]. PRIMER 2011. Mandaluyong City :
FILCOLS.
Padfield, T. (2010). COPYRIGHT FOR ARCHIVISTS AND RECORDS MANAGERS. London
: Facet Publishing.
Salao, E.C. (2008). ESSENTIALS OF INTELLECTUAL PROPERTY LAW: A GUIDEBOOK ON
REPUBLIC ACT NO. 8293 AND RELATED LAWS. Manila : Rex Book Store.
Republic Act No. 8293: Intellectual Property Code of the Philippines.