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This page provides an overview of copyright rules of the Philippines relevant to uploading works into Wikimedia Commons. Note that any work originating in the Philippines must be in the public domain, or available under a free license, in both the Philippines and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from the Philippines, refer to the relevant laws for clarification.

Background

The Philippines archipelago was colonized by Spain from the 16th century. The country declared independence after the Spanish American War of 1898. Spain had ceded the Philippines to the United States, which recolonized the country in 1899–1902. The Philippines regained independence on 4 July 1946.

The Philippines has been a member of the Berne Convention since 1 August 1951, the Universal Copyright Convention since 19 November 1955, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 4 October 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Intellectual Property Code of the Philippines (Republic Act No. 8293) (2015 Edition) as the main IP law enacted by the legislature of the Philippines.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

According to the IP Code of the Philippines (Act No. 8293) (2015 Edition),

  • Literary and artistic works works are protected during the life of the author and for 50 years after his death. This rule also applies to posthumous works.[8293/2015 Section 213.1]
  • Works of joint authorship are protected during the life of the last surviving author and for 50 years after his death.[8293/2015 Section 213.2]
  • Anonymous or pseudonymous works where the author's identity is not revealed are protected for 50 years from the date on which the work was first lawfully published, or if the work is not published for 50 years from the making of the work.[8293/2015 Section 213.3]
  • Works of applied art are protected for 25 years from the date of making.[8293/2015 Section 213.4]
  • Photographic works are protected for 50 years from publication of the work and, if unpublished, for 50 years from the making.[8293/2015 Section 213.5]
  • Audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings, the term is 50 years from date of publication and, if unpublished, from the date of making.[8293/2015 Section 213.6]
  • The terms of protection provided in section 213 are always be deemed to begin on the first day of January of the year following the event which gave rise to them.[8293/2015 Section 214]
  • Sound or Image and Sound recordings are protected for 50 years from the end of the year in which the recording took place.[8293/2015 Section 215.1]
  • Broadcasts are protected for 20 years from the date the broadcast took place.[8293/2015 Section 215.2]

Works not protected

No protection shall extend to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.[8293/2015 Section 175]

No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use for any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character.[8293/2015 Section 176.1]

However, the clause for prior approval is determined to be a non-copyright restriction and can be safely ignored for the purposes of Wikimedia Commons by policy. Therefore works of the Philippine Government is considered to be under the Public Domain. See discussion for {{PD-PhilippineGov}}.

Copyright tags

See also: Commons:Copyright tags

  • {{PD-Philippines}} – for public domain Philippine images whose copyrights expired or released into the public domain.
  • {{PD-PhilippinesGov}} – for works of the government of the Philippines exempted from copyright as stated by Republic Act No. 8293.

Currency

See also: Commons:Currency

  Not OK. For reproductions of legal tender notes or metallic copies of legal tender coins.
 OK. For copies of notes and coins that are no longer legal tender, and for non-metallic reproductions of coins.

No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit.[8293/2015 Section 176.1] The Central Bank of the Philippines prohibits making, distributing or using:

  • Any handbill, advertisement, placard, circular, card, or any other object whatsoever bearing the facsimile, likeness or similitude of any legal tender Philippine currency note, or any part thereof, whether in black and white or any color or combination of colors, without prior authority therefore having been secured from the Governor, BSP or his duly authorized representative.
  • Any object whatsoever bearing the likeness or similitude as to design, color or the inscription thereon of any legal tender Philippine currency coin or any part thereof, in metal form, irrespective of size and metallic composition, without prior authority from the Governor, BSP or his duly authorized representative.[3]

Freedom of panorama

See also: Commons:Freedom of panorama

  Not OK: The IP Code of the Philippines (Act No. 8293) (2015 Edition), Chapter VIII ("Limitations on copyright) does not appear to make any exception for photographs of copyrighted works. The law itself is entirely based on the law of the United States and contains identical fair use provisions, which however are not acceptable.[8293/2015 Chapter VIII Section 184–190]

Stamps

See also: Commons:Stamps/Public domain

  use {{PD-PhilippineGov}}

Works by the government of the Philippines are not protected by copyright. A prior approval of the government is necessary for exploitation of such works for profit. However, the clause for prior approval is determined to be a non-copyright restriction and can be safely ignored for the purposes of Wikimedia Commons by policy. See discussion).

See also

Citations

  1. a b Philippines Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Intellectual Property Code of the Philippines (Republic Act No. 8293) (2015 Edition). the Philippines (2015). Retrieved on 2018-11-08.
  3. Rules and Regulations on the Reproduction and/or Use of Legal Tender (excerpts from Circular No. 61 1995). Bangko Sentral ng Pilipinas. Retrieved on 2019-01-28.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer