: 27 August 2022

Research Support

Research Management Tools

Available Research Management Tools & Services

uLAIR Institutional Repository

uLAIR or the University Library Academic Institutional Repository serves as the institutional repository of the University of Asia and the Pacific (UA&P) where the intellectual research output, digital publications, and other contents of the university are archived, preserved, and disseminated.

Reading List Management System

Easily create lists of resources that include all material types to enable your students to access all course materials in one place and from any device.

Library Digital Toolkit

The Digital Toolkit contains the supplemental blended learning and teaching resources, which include guides, tutorials, bulletins, and references.

Google Assignments Originality Reports

Originality reports use the power of Google Search to help students properly integrate external inspiration into their writing – while making it easy for instructors to check for potential plagiarism. If you want to learn how to use it, you may enroll in our Canvas course.

ExLibris RefWorks

RefWorks is a citation management tool. If you want to know how to use it, you may refer to these RefWorks Video Tutorials. This resource is accessible off-campus via OpenAthens.

Pathfinders

Pathfinders per Program

A Pathfinder is a bibliography or a guide for research in a particular topic or subject area. They provide information on resources that include books and websites. They are also known as subject guides, research guides, information portals, or tracer bullets.

Note: You need to be signed in to your UA&P Email account (uap.asia) in order to view the contents of the Pathfinder documents. If you still do not have a uap.asia account, you may request for it from the ICT office.

Bachelor's Programs

ABECO - Bachelor of Arts in Economics

ABECO - Bachelor of Arts in Economics

Accounting 1
Advanced Macroeconomics
Advanced Microeconomics
Business Statistics
Economic Development
Economic History
Finance
Industrial Organization
Intermediate Macroeconomics
Intermediate Microeconomics
International Economics
Introduction to Management
Mathematical Economics 1
Mathematical Economics 2
Public Economics
Quantitaive Economics (Math Stat)
Research Seminar 1 (Industry Analysis)
Research Seminar 2 (Macroeconomic Analysis)
Social Economics

ABHUM - Bachelor of Arts in Humanities

ABHUM - Bachelor of Arts in Humanities

Asian Literature
Classical Greek Plays
Dante and T.S. Eliot
Emergent Literature
Foundations of the Humanities
Historiography
History of Ideas
Introduction to Art
Introduction to History
Introduction to Literature
Issues in European History
Issues in Philippine History
Literary Theory and Criticism
Pedagogy
Performing Arts
Philippine Narratives
Philosophy of Art
Philosophy of History
Research Methodology
Seminar on Ethics
Sources of Rizal’s Thought
Teaching of History
The Anglo-American Tradition
Thesis Writing
Visual Arts
Western Literature
Work and Society

ABPE - Bachelor of Arts in Political Economy

ABPE - Bachelor of Arts in Political Economy

BECED - Bachelor of Early Childhood Education (formerly Child Development & Education)

BECED - Bachelor of Early Childhood Education (formerly Child Development & Education)

BSA - Bachelor of Science in Accountancy

BSA - Bachelor of Science in Accountancy

Accounting for Governmental, Not-for-Profit Entities and Specialized Industries
Accounting Information System
Advanced Financial Accounting and Reporting
Applied Auditing
Assurance Principles, Professional Ethics and Good Governance
Auditing in a CIS Environment
Basic Finance
Business and Transfer Taxes
Business Calculus
Business Policy and Strategy
Business Statistics
Business Writing and Communication
Cost Accounting and Cost Management
Financial Accounting and Reporting
Financial Management
Fundamentals of Accounting
Fundamentals of Computer Software and Application
Fundamentals of Programming and Database Theory and Applications
Good Governance and Social Responsibility
Human Behavior in Organizations
Income Taxation
Internship/Accounting Thesis
Introduction to Management
IT Concepts and System Analysis and Design
Law on Business Organization
Law on Negotiable Instruments
Law on Obligation and Contract
Management Accounting
Management Consultancy
Managerial Economics
Mathematics of Investment
Operations Management
Principles of Marketing
Quantitative Analysis for Management
Sales, Agency, Labor and Other Commercial Laws
Synthesis

BSAM - Bachelor of Science in Applied Mathematics

BSAM - Bachelor of Science in Applied Mathematics

Actuarial Mathematics and Mathematical Finance
Advanced Calculus
Applied Multivariate Analysis
Calculus
Computing
Data Structures and Algorithm
Differential Equations
Discrete Mathematics
Fundamental Concepts in Mathematics
Introduction to Computing
IT Fundamentals
Linear Algebra
Linear Models
Mathematical Biology
Mathematical Finance
Mathematical Modeling
Numerical Analysis
Operations Research
Pre-calculus Mathematics
Risk Theory
Sampling Theory
Simulation
Statistical Theory
Statistics and Probability
Theory of Databases
Theory of Interest
Time Series Analysis
Undergraduate Research

BSBABA - Bachelor of Science in Business Administration Major in Management with Specialization in Business Analytics

BSBABA - Bachelor of Science in Business Administration Major in Management with Specialization in Business Analytics

BSEM - Bachelor of Science in Entrepreneurial Management

BSEM - Bachelor of Science in Entrepreneurial Management

BSHCD - Bachelor of Science in Human Capital Development

BSHCD - Bachelor of Science in Human Capital Development

BSIE - Bachelor of Science in Industrial Engineering

BSIE - Bachelor of Science in Industrial Engineering

BSIT - Bachelor of Science in Information Technology

BSIT - Bachelor of Science in Information Technology

5-Year Programs (Bachelor's + Master's)

MAHUM - Master of Arts in Humanities

MAHUM - Master of Arts in Humanities

Asian Literature
Classical Greek Plays
Dante and T.S. Eliot
Emergent Literature
Foundations of the Humanities
Historiography
History of Ideas
Introduction to Art
Introduction to History
Introduction to Literature
Issues in European History
Issues in Philippine History
Literary Theory and Criticism
Pedagogy
Performing Arts
Philippine Narratives
Philosophy of Art
Philosophy of History
Research Methodology
Seminar on Ethics
Sources of Rizal’s Thought
Teaching of History
The Anglo-American Tradition
Thesis Writing
Visual Arts
Western Literature
Work and Society

MAPE - Master of Arts in Political Economy with Specialization in International Relations and Development

MAPE - Master of Arts in Political Economy with Specialization in International Relations and Development

MSIE - Master of Science in Industrial Economics

MSIE - Master of Science in Industrial Economics

Accounting and Finance
Advanced Macroeconomics
Business Statistics
Econometrics
Economic Development
Economic Policy
Economics History
Economics of Strategy
Industrial Organization
Intermediate Macroeconomics
Intermediate Microeconomics
International Economics
Introduction to Management
Mathematical Economics
Mathematical Statistics
Practicum
Research Seminars (Industry Analysis, Macroeconomic Analysis)
Social Economics
Structure of Economic Theory
Thesis Work

MSCM - Master of Science in Management

MSCM - Master of Science in Management

Lex Honors (7-Year Law Program)

JD or Law - Juris Doctor

User Education

User Education Course

The online User Education Course was conceptualized to adapt to the blended learning and teaching initiatives of UA&P. The objective of this online library module is to equip and strengthen the research and information-seeking skills of the internal stakeholders, which includes but is not limited to the following: performing search strategies, evaluating sources of information, and developing an understanding and value of information laws and policies.
The online course runs on the university Canvas platform. You may enroll in the User Education Course by clicking on the Enroll button below.

Enroll Now

Sign-up Form

You may fill out the Sign-up Form to Request for a Session on User Education. The online form is only available if you are currently signed in to your uap.asia account. If you are a student or staff of UA&P and do not have access to your uap.asia account, you may inform the ICT office using the online request form.

Schedule an Appointment for a Session on User Education

Scholarly Communication

An overview of Scholarly Communication and innovations on research workflows.

What is Scholarly Communication?

As defined by the Association of College & Research Libraries, Scholarly Communication is “the system through which research and other scholarly writings are created, evaluated for quality, disseminated to the scholarly community, and preserved for future use.” (Scholarly communication - an overview.n.d.)

It covers the scholarly research lifecycle from research to publication. Thus, it encompasses scholarly writing, publication, copyright, peer review, promotion and tenure, scholarly communities, managing research data, using digital repositories, and other aspects of the scholarly communication “ecosystem”. Each stage affects how the research or publication is being disseminated and used.

There are many aspects in the scholarly research lifecycle, from the creation of a research idea to publishing the research, at which researchers may need support. For instance, facilitating the dissemination of scholarly writings means having to consider issues like:

What models or platforms exist for the funding, distribution, and discovery of scholarship?
How are these publications evaluated or measured for impact?
Who has access to creating and reading publications, and how is access provided? What accessbarriers exist?
Who “owns” or controls the content, and how can the content be used?

Whatever your role is, it is important to grasp a basic understanding on how scholarly communication works, and its implications in sharing knowledge and information.

The Scholarly Communication Workflow

What are Bibliometrics?

Bibliometrics analyse the impact of research outputs using quantitative measures. Bibliometrics complement qualitative indicators of research impact such as peer review, funding received, and the number of patents and awards granted. Together they assess the quality and impact of research.

Bibliometrics are metrics based on works citing other works, associated most with journal articles. Times cited, journal impact factors, and the H-index are all based on these metrics.

These are the traditional data points that have been used for quite a long time, and can be obtained through Web of Science, Google Scholar, and, more recently, Dimensions. In particular, the times-cited data provides feedback on the scholarly use of one’s work.

Bibliometrics can also be obtained for conference proceedings, books, and book chapters, though there may be some challenges for tracking down book citation data.

You can use bibliometrics to:

provide evidence of the impact of your research outputs when applying for jobs, promotion or research funding
find new and emerging areas of research
identify potential research collaborators
identify journals in which to publish

Why are Bibliometrics important?

Using citation analysis to gauge the importance of one’s work, for example, is a significant part of the tenure review process. Information scientists also use citation analysis to quantitatively assess the core journal titles and watershed publications in particular disciplines; interrelationships between authors from different institutions and schools of thought; and related data about the sociology of academia. (Andrea, n.d.)

Bibliometric Measures

1. Citation counts/citation analysis - Citation counts/Citation analysis is a quantifiable way to measure the academic output and impact of an article or an author based on the number of times these research works or authors have been cited by others or appears in the reference lists of other documents (articles, books, reviews, conference proceedings etc). Found in: Google Scholar, Scopus and Web of Science. (Rele, n.d.)

Web of Science [Paid subscription] consists of three citation databases containing information gathered from thousands of scholarly journals, books, book series, reports, conferences, and more. These databases contain the references cited by the authors of the articles. You can use these references to do cited reference searching. Web of Science includes Social Sciences Citation Index, Science Citation Index Expanded, and Arts & Humanities Citation Index. (Rele, n.d.)
Google Scholar [Open Access] Google Scholar helps you find relevant scholarly research across many disciplines and sources: articles, theses, books, abstracts and court opinions, from academic publishers, professional societies, online repositories, universities and other web sites. (Rele, n.d.)
Scopus [Paid subscription] Scopus is an interdisciplinary abstract and citation database of peer reviewed literature.It indexes about 24,000 journals and includes several trade publications, book series, and conference proceedings. Coverage includes physical, life, health and social sciences, and some records from the arts and humanities. (Rele, n.d.)

Databases containing limited citation counts (DeGroote, n.d.a):

Ebscohost Academic Search Complete [Paid Subscription—Access provided by UA&P]
ScienceDirect [Paid Subscription—Access provided by UA&P]
SciFinder Scholar [Paid subscription]

2. H-index - H-index is designed to measure an author’s productivity and impact. It is the number of an author’s publications (h) that have h or more citations to them. Found in: Google Scholar, Scopus and Web of Science. (Measuring research impact: What is bibliometrics?n.d.)

3. Journal Impact Factor - The impact factor (IF) is a measure of the frequency with which the average article in a journal has been cited in a particular year. It is used to measure the importance or rank of a journal by calculating the times it’s articles are cited. Found in Journal Citation Reports. (Measuring research impact: What is bibliometrics?n.d.; DeGroote, n.d.b)

Journal Citation Reports (JCR) [Paid subscription] is a comprehensive resource that allows you to evaluate and compare journals using citation data drawn from over 11,000 scholarly and technical journals from more than 3,300 publishers in over 80 countries. Journal Citation Reports can show you the:
- Most frequently cited journals in a field;
- Highest impact journals in a field, and
- Largest journals in a field. (Rele, n.d.)
Scimago Journal and Country Rank (Elsevier) (SJR) [Open Access] Journals and country scientific indicators developed from the information contained in the Scopus® database (Elsevier B.V.). These indicators can be used to assess and analyze scientific domains: journals and country rankings can be compared or analysed separately. Citation data is drawn from over 34,100 titles from more than 5,000 international publishers and country performance metrics from 239 countries worldwide. The SJCR allows you also to embed significative journal metrics into your web as a clickable image widget. (SJR - about us. n.d.)
Ulrich's Periodicals Directory [Paid subscription] is a bibliographic database providing detailed, comprehensive, and authoritative information on serials published throughout the world. It covers all subjects, and includes publications that are published regularly or irregularly and are circulated free of charge or
by paid subscription. (Ulrich's periodicals directory 2016)
Directory of Open Access Journals [Open Access] DOAJ is a community-curated online directory that indexes and provides access to high quality, open access, peer-reviewed journals. All DOAJ services are free of charge including being indexed. (Directory of open access journals. n.d.)

4. Field-weighted citation impact - The ratio of citations received relative to the expected world average for the subject field, publication type and publication year. It can apply to a research output or group of research outputs. Found in SciVal. (Measuring research impact: What is bibliometrics? n.d.)

SciVal [Paid subscription] is an online tool that offers quick, easy access to the research performance of 19,600 research institutions and 231 nations worldwide using bibliometrics. It enables you to visualize research performance, benchmark relative to peers, develop collaborative partnerships and analyse research trends. The data source for SciVal metrics is the Scopus database. (What is SciVal? how do I access it? .n.d.)

5. Outputs in top percentile - The number or percentage of research outputs in the top most-cited publications in the world, UK, or a specific country. Found in Scopus and SciVal. (Measuring research impact: What is bibliometrics?n.d.)

6. CiteScore - The average number of citations received in a calendar year by all items published in that journal in the proceeding three years. Found in Scopus (Measuring research impact: What is bibliometrics?n.d.)

7. Scopus SNIP - A ratio of a journal’s citation count per paper and the citation potential in its subject field. The Scopus SNIP normalises citation rate subject differences. Found in Scopus. (Measuring research impact: What is bibliometrics?n.d.)

8. Harzing's Publish or Perish [Open Access] - Publish or Perish is a software program that retrieves and analyzes academic citations. It uses a variety of data sources (incl. Google Scholar and Microsoft Academic Search) to obtain the raw citations, then analyzes these and presents the following metrics:

Total number of papers and total number of citations
Average citations per paper, citations per author, papers per author, and citations per year
Hirsch’s h-index and related parameters
Egghe’s g-index
The contemporary h-index
Three variations of individual h-indices
The average annual increase in the individual h-index
The age-weighted citation rate
An analysis of the number of authors per paper. (Harzing, 2016)

9. Altmetrics - Altmetrics Track mentions, likes and shares on a variety of platforms including Mendeley, bookmarking sites, academic networking sites, social media, news sites and policy documents. Altmetrics generally track attention to outputs using a Digital Object Identifier (DOI) or links (URL) to the paper online. (Sheffield, 2019)

Altmetric [Open Access] A cluster of servers that watch social media sites, newspapers, government policy documents and other sources for mentions of scholarly articles, bringing all the attention together to compile article level metrics. (Ford, n.d.)
PlumX Metrics [Free to use for non-commercial open access journals] provide insights into the ways people interact with individual pieces of research output (articles, conference proceedings, book chapters, and many more) in the online environment. (About PlumX metrics - plum analytics.n.d.)
Impactstory [Open Access] is an open-source website that helps researchers explore and share the the online impact of their research. (Ford, n.d.)

The Metrics Toolkit

The Metrics Toolkit provides evidence-based information about research metrics across The Metrics Toolkit provides evidence-based information about research metrics across
disciplines, including how each metric is calculated, where you can find it, and how each should (and should not) be applied. You’ll also find examples of how to use metrics in grant applications, CV, and promotion packages. (About the toolkit.2016)

URL: https://metrics-toolkit.org/metrics/

What are Altimetrics?

Alternative Metrics or “altmetrics” for short are metrics based on engagement beyond citations, usually focused on online engagement, such as news or social media activity, views, downloads, and other nontraditional forms of scholarship. (Research impact metrics.n.d.)Alternative metrics or “altmetrics” for short are metrics based on engagement beyond citations, usually focused on online engagement, such as news or social media activity, views, downloads, and other nontraditional forms of scholarship. (Research impact metrics.n.d.)

Altmetrics are considered nontraditional metrics that can be used to assess the impact of a research in the field. (Bibliometrics and altmetrics: Measuring the impact of knowledge.n.d.) Additionally, altmetrics are deemed useful for disciplines outside the hard sciences and in situating impact beyond the citation counts as it provide data for outputs not covered well by bibliometrics. (Research impact metrics.n.d.)

Examples of types of altmetrics include:

Usage: How many times was your work downloaded, viewed or clicked on?
Captures: How many times has your work been bookmarked or favorited?
Mentions: How many times was your work mentioned on blogs, Wikipedia, or news sites?
Social Media: How many times was your work shared on social media sites like Facebook and Twitter? (Rele, n.d.)

Altmetrics can answer questions such as:

How many times was it downloaded?
Who is reading my work? (on Mendeley, bookmarking sites, etc.)
Was it covered by any news agencies?
Are other researchers commenting on it?
How many times was it shared? (on Facebook, Twitter, etc.)
Which countries are looking at my research? (Rutledge, n.d.)

What are the Benefits of Altimetrics?

Altimetrics capture elements of societal impact. Altmetrics data can inform researchers of Capture elements of societal impact. Altmetrics data can inform researchers of elements of the societal impact of their research. For example, altmetrics data can help researchers understand how their research is being interacted with by the public, government, policy makers, and other researchers.
Altimetrics complement traditional metrics. Altmetrics provide a wider range of data, from a wider range of sources than traditional metrics. Altmetrics data is also highly nuanced and can be provided in high detail and in the context in which it originates.
Altimetrics offer speed and discoverability. Altmetrics data accumulates at a faster speed compared to traditional metrics. In disciplines where citations grow slowly, or in the context of new researchers, this speed helps determine which outputs are gaining online attention.
Altimetrics have open access advantage. Providers like Altmetric.com and ImpactStory provide access to their API and source code. Altmetrics providers also pull their data from open sources, who give access to their APIs or raw usage data, which makes altmetrics data more easily replicable than data in proprietary databases. (Rutledge, n.d.)

What are the Considerations in Using Altimetrics?

Altmetrics data are not normalized. It is not advised to compare between sources and data sets for altmetrics, as different providers collect different kinds of data. Altmetrics data are not normalized. It is not advised to compare between sources and data sets for altmetrics, as different providers collect different kinds of data.
Almetrics are time-dependent. Altmetrics provide information about the use of the work, but much of this use has a lifespan - and that lifespan is unknown. For older works, there may not be much altmetrics activity, but that does not necessarily mean that the work is not heavily used!
Altmetrics have known tracking issues. Altmetrics work best with items that have a Digital Object Identifier (DOI). PlumX is one provider that can track usage of an item with only a URL, but not all providers provide the same level of tracking for items without DOIs. (Rutledge, n.d.)
Altimetrics measure the attention that research is receiving (popularity), but they don’t necessarily measure quality. (Rele, n.d.)
Altmetrics are still a relatively new trend in measuring impact, and as such, there are a variety of different tools, none of which comprehensively choose and gather from the same sources of data. (Rele, n.d.)

Considerations in using Bibliometrics and Altmetrics (Research impact metrics.n.d.):

	Bibliometrics	Altmetrics
Immediacy How soon can I get some metrics?	When the works that cite your work are online and/or indexed.	When the work is online, you can view downloads, shares, likes, and an Altmetric attention score if there is one.
Coverage Which types of sources have these metrics?	Primarily journal articles, conference papers, books and book chapters. Works that have cited references and are indexed themselves. Other sources like data and software/code are not cited as well.	Any online source can have data like shares, likes, downloads. Resources tracked by Altmetric need a unique identifier like a DOI.
Disciplinary Differences What can I compare across different fields? Or in the same field?	There are disciplinary (and even sub-disciplinary) differences and these should not be crossed in any comparisons. Biomedical journal articles are going to have different citation patterns than books in the humanities and social sciences. Comparisons within the same field should also be approached cautiously. Are the researchers in the same sub-discipline, and at similar places in their careers?	Along with the standard disciplinary differences, works in disciplines that get a lot of news coverage may have metrics that reflect that. For example: health and medicine, climate change and other environmental topics, internet and technology, etc.
Knowledge How well known are the metrics to others?	Bibliometrics have been around for quite a while, so times cited and journal impact factors should be familiar (even if they don't know exactly how the JIF is calculated. The H-Index is a more recent metric. However, knowledge does mean these metrics do not get misused.	Altmetrics are a more recent tool, and as such may not be as well known. Some may assume altmetrics are solely based on social media like tweets, rather than a broader scope of online engagement.

Source: Research impact Metrics: Bibliometrics and Altmetrics. (n.d.). Retrieved March 03, 2021, from https://ucsd.libguides.com/impact/bibliometrics-altmetrics

Copyright Guide

The Law on Copyright

An overview of Intellectual Property, Copyright and Fair Use, and Plagiarism (text extract from IP code RA 8293, p59)

I: Preliminary Provisions

SECTION 171. Definitions. — For the purpose of this Act, the following terms have the following meaning:
171.1. "Author" is the natural person who has created the work;

171.2. A "collective work" is a work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified;

171.3. "Communication to the public" or "communicate to the public" means the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them;

171.4. A "computer" is an electronic or similar device having information- processing capabilities, and a "computer program" is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, of causing the computer to perform or achieve a particular task or result;

171.5. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the services of which are available to the public, such as public library or archive;

171.6. "Public performance", in the case of a work other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; in the case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying it audible; and, in the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that family's closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places and/or at different times, and where the performance can be perceived without the need for communication within the meaning of Subsection 171.3;

171.7. "Published works" means works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided, That availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work;

171.8. "Rental" is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time, for profit- making purposes;

171.9. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. 41 (E), P.D. No. 49 a);

171.10.A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;

171.11.A "work of the Government of the Philippines" is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as a part of his regularly prescribed official duties.

II: Original Works

SECTION 172. Literary and Artistic Works. —

172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

Books, pamphlets, articles and other writings;
Periodicals and newspapers;
Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
Letters;
Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
Musical compositions, with or without words;
Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
Drawings or plastic works of a scientific or technical character;
Photographic works including works produced by a process analogous to photography; lantern slides;
Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
Pictorial illustrations and advertisements;
Computer programs; and
Other literary, scholarly, scientific and artistic works.

172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. (Sec. 2, P.D. No. 49a) cda

III: Derivative Works

SECTION 173. Derivative Works. —

173.1. The following derivative works shall also be protected by copyright:

Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works;
and Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, [P] and [Q], P.D. No. 49)

173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works: Provided however, That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art. 10, TRIPS)

SECTION 174. Published Edition of Work. — In addition to the right to publish granted by the author, his heirs, or assigns, the publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. (n)

IV: Works Not Protected

SECTION 175. Unprotected Subject Matter. — Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, 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. (n)

SECTION 176. Works of the Government. —

176.1. 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. (Sec. 9, first par., P.D. No. 49)

176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (n)

176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the Government in a public document of any work in which copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owner. (Sec. 9, third par., P.D. No. 49)

V: Copyright or Economic Rights

SECTION 177. Copyright or Economic Rights. — Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts:

177.1. Reproduction of the work or substantial portion of the work;

177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;

177.3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership;
177.4. Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n)

177.5. Public display of the original or a copy of the work;

177.6. Public performance of the work; and

177.7. Other communication to the public of the work. (Sec. 5, P. D. No. 49a)

VI: Ownership of Copyright

SECTION 178. Rules on Copyright Ownership. — Copyright ownership shall be governed by the following rules:

178.1. Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work;

178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created;

178.3. In the case of work created by an author during and in the course of his employment, the copyright shall belong to:

The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.

178.4. In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary;

178.5. In the case of audiovisual work, 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. However, subject to contrary or other stipulations among the creators, the producer 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; and

178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a)

SECTION 179. Anonymous and Pseudonymous Works. — For purposes of this Act, the publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or adopted name leaves no doubt as to the author's identity, or if the author of the anonymous works discloses his identity. (Sec. 7, P.D. 49)

VII: Transfer or Assignment of Copyright

SECTION 180. Rights of Assignee. —

180.1. The copyright may be assigned in whole or in part. Within the scope of the assignment, the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright.

180.2. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such intention.

180.3. The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. If two (2) or more persons jointly own a copyright or any part thereof, neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. (Sec. 15, P.D. No. 49a)

SECTION 181. Copyright and Material Object. — The copyright is distinct from the property in the material object subject to it. Consequently, the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright. (Sec. 16, P.D. No. 49)

SECTION 182. Filing of Assignment or License. — An assignment or exclusive license may be filed in duplicate with the National Library upon payment of the prescribed fee for registration in books and records kept for the purpose. Upon recording, a copy of the instrument shall be returned to the sender with a notation of the fact of record. Notice of the record shall be published in the IPO Gazette. (Sec. 19, P.D. No. 49a)

SECTION 183. Designation of Society. — The copyright owners or their heirs may designate a society of artists, writers or composers to enforce their economic rights and moral rights on their behalf. (Sec. 32, P.D. No. 49a)

VIII: Limitations on Copyright

SECTION 184. Limitations on Copyright. —

184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright:

The recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society; (Sec. 10(1), P.D. No. 49)
The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned; (Sec. 11, third par., P.D. No. 49)
The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided, That the source is clearly indicated; (Sec. 11, P.D. No. 49)
The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose; (Sec. 12, P.D. No. 49)
The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing in the work, are mentioned;
The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast: Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work;
The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast;
The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use;
The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations; (n)
Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process: Provided, That either the work has been published, or, that the original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title; and
Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner.

184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder's legitimate interests.

SECTION 185. Fair Use of a Copyrighted Work. —

185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:

The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The effect of the use upon the potential market for or value of the copyrighted work.

185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

SECTION 186. Work of Architecture. — Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original: Provided, That the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright relates. (n)

SECTION 187. Reproduction of Published Work. —

187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2, the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work.

187.2. The permission granted under Subsection 187.1 shall not extend to the reproduction of:

A work of architecture in the form of building or other construction;
An entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means;
A compilation of data and other materials;
A computer program except as provided in Section 189; and
Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author. (n)

SECTION 188. Reprographic Reproduction by Libraries. —

188.1. Notwithstanding the provisions of Subsection 177.6, any library or archive whose activities are not for profit may, without the authorization of the author of copyright owner, make a single copy of the work by reprographic reproduction:

Where the work by reason of its fragile character or rarity cannot be lent to user in its original form;
Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is necessary to supply them, when this is considered expedient, to persons requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them; and
Where the making of such a copy is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not available with the publisher.

188.2. Notwithstanding the above provisions, it shall not be permissible to produce a volume of a work published in several volumes or to produce missing tomes or pages of magazines or similar works, unless the volume, tome or part is out of stock: Provided, That every library which, by law, is entitled to receive copies of a printed work, shall be entitled, when special reasons so require, to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock. (Sec. 13, P.D. 49a)

SECTION 189. Reproduction of Computer Program. —

189.1. Notwithstanding the provisions of Section 177, the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted, without the authorization of the author of, or other owner of copyright in, a computer program, by the lawful owner of that computer program: Provided, That the copy or adaptation is necessary for:

The use of the computer program in conjunction with a computer for the purpose, and to the extent, for which the computer program has been obtained; and
Archival purposes, and, for the replacement of the lawfully owned copy of the computer program in the event that the lawfully obtained copy of the computer program is lost, destroyed or rendered unusable.

189.2. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones determined in this Section, and any such copy or adaptation shall be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful.

189.3. This provision shall be without prejudice to the application of Section 185 whenever appropriate. (n)

SECTION 190. Importation for Personal Purposes. —

190.1. Notwithstanding the provision of Subsection 177.6, but subject to the limitation under the Subsection 185.2, the importation of a copy of a work by an individual for his personal purposes shall be permitted without the authorization of the author of, or other owner of copyright in, the work under the following circumstances:

When copies of the work are not available in the Philippines and:
1. Not more than one (1) copy at one time is imported for strictly individual use only; or
2. The importation is by authority of and for the use of the Philippine Government; or
3. The importation, consisting of not more than three (3) such copies or likenesses in any one invoice, is not for sale but for the use only of any religious, charitable, or educational society or institution duly incorporated or registered, or is for the encouragement of the fine arts, or for any state school, college, university, or free public library in the Philippines.
When such copies form parts of libraries and personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale: Provided, That such copies do not exceed three (3).

190.2. Copies imported as allowed by this Section may not lawfully be used in any way to violate the rights of owner the copyright or annul or limit the protection secured by this Act, and such unlawful use shall be deemed an infringement and shall be punishable as such without prejudice to the proprietor's right of action.

190.3. Subject to the approval of the Secretary of Finance, the Commissioner of Customs is hereby empowered to make rules and regulations for preventing the importation of articles the importation of which is prohibited under this Section and under treaties and conventions to which the Philippines may be a party and for seizing and condemning and disposing of the same in case they are discovered after they have been imported. (Sec. 30, P.D. No. 49)

IX: Deposit and Notice

SECTION 191. Registration and Deposit with National Library and the Supreme Court Library. — After the first public dissemination of performance by authority of the copyright owner of a work falling under Subsections 172.1, 172.2 and 172.3 of this Act, there shall, for the purpose of completing the records of the National Library and the Supreme Court Library, within three (3) weeks, be registered and deposited with it, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe. A certificate of deposit shall be issued for which the prescribed fee shall be collected and the copyright owner shall be exempt from making additional deposit of the works with the National Library and the Supreme Court Library under other laws. If, within three (3) weeks after receipt by the copyright owner of a written demand from the directors for such deposit, the required copies or reproductions are not delivered and the fee is not paid, the copyright owner shall be liable to pay a fine equivalent to the required fee per month of delay and to pay to the National Library and the Supreme Court Library the amount of the retail price of the best edition of the work. Only the above mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Court Library. (Sec. 26, P.D. No. 49a)

SECTION 192. Notice of Copyright. — Each copy of a work published or offered for sale may contain a notice bearing the name of the copyright owner, and the year of its first publication, and, in copies produced after the creator's death, the year of such death. (Sec. 27, P.D. No. 49a)

X: Moral Rights

SECTION 193. Scope of Moral Rights. — The author of a work shall, independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right, have the right:

193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work;

193.2. To make any alterations of his work prior to, or to withhold it from publication;

193.3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work which would be prejudicial to his honor or reputation; and

193.4. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work. (Sec. 34, P.D. No. 49)

SECTION 194. Breach of Contract. — An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. However, he may be held liable for damages for breach of such contract. (Sec. 35, P.D. No. 49)

SECTION 195. Waiver of Moral Rights. — An author may waive his rights mentioned in Section 193 by a written instrument, but no such waiver shall be valid where its effects is to permit another:

195.1. To use the name of the author, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his work which, because of alterations therein, would substantially tend to injure the literary or artistic reputation of another author; or

195.2. To use the name of the author with respect to a work he did not create. (Sec. 36, P.D. No. 49)

SECTION 196. Contribution to Collective Work. — When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. (Sec. 37, P.D. No. 49)

SECTION 197. Editing, Arranging and Adaptation of Work. — In the absence of a contrary stipulation at the time an author licenses or permits another to use his work, the necessary editing, arranging or adaptation of such work, for publication, broadcast, use in a motion picture, dramatization, or mechanical or electrical reproduction in accordance with the reasonable and customary standards or requirements of the medium in which the work is to be used, shall not be deemed to contravene the author's rights secured by this chapter. Nor shall complete destruction of a work unconditionally transferred by the author be deemed to violate such rights. (Sec. 38, P.D. No. 49)

SECTION 198. Term of Moral Rights. —

198.1. The rights of an author under this chapter shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license. The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library. In default of such person or persons, such enforcement shall devolve upon either the author's heirs, and in default of the heirs, the Director of the National Library.

198.2. For purposes of this Section, "Person" shall mean any individual, partnership, corporation, association, or society. The Director of the National Library may prescribe reasonable fees to be charged for his services in the application of provisions of this Section. (Sec. 39, P.D. No. 49)

SECTION 199. Enforcement Remedies. — Violation of any of the rights conferred by this Chapter shall entitle those charged with their enforcement to the same rights and remedies available to a copyright owner. In addition, damages which may be availed of under the Civil Code may also be recovered. Any damage recovered after the creator's death shall be held in trust for and remitted to his heirs, and in default of the heirs, shall belong to the government. (Sec. 40, P. D. No. 49)

XI: Right to Proceeds in Subsequent Transfers

SECTION 200. Sale or Lease of Work. — In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of five percent (5%). This right shall exist during the lifetime of the author and for fifty (50) years after his death. (Sec. 31, P.D. No. 49)

SECTION 201. Works Not Covered. — The provisions of this Chapter shall not apply to prints, etchings, engravings, works of applied art, or works of similar kind wherein the author primarily derives gain from the proceeds of reproductions. (Sec. 33, P.D. No. 49)

XII: Rights of Performers, Producers of Sounds Recordings and Broadcasting Organizations

SECTION 202. Definitions. — For the purpose of this Act, the following terms shall have the following meanings:

202.1. "Performers" are actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in, interpret, or otherwise perform literary and artistic work;

202.2. "Sound recording" means the fixation of the sounds of a performance or of other sounds, or representation of sound, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work;

202.3. An "audiovisual work or fixation" is 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;

202.4. "Fixation" means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device;

202.5. "Producer of a sound recording" means the person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representation of sounds;

202.6. "Publication of a fixed performance or a sound recording" means the offering of copies of the fixed performance or the sound recording to the public, with the consent of the right holder: Provided, That copies are offered to the public in reasonable quality;

202.7. "Broadcasting" means the transmission by wireless means for the public reception of sounds or of images or of representations thereof; such transmission by satellite is also "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent;

202.8. "Broadcasting organization" shall include a natural person or a juridical entity duly authorized to engage in broadcasting; and

202.9. "Communication to the public of a performance or a sound recording" means the transmission to the public, by any medium, otherwise than by broadcasting, of sounds of a performance or the representations of sounds fixed in a sound recording. For purposes of Section 209, "communication to the public" includes making the sounds or representations of sounds fixed in a sound recording audible to the public.

SECTION 203. Scope of Performers' Rights. — Subject to the provisions of Section 212, performers shall enjoy the following exclusive rights:

203.1. As regards their performances, the right of authorizing:

The broadcasting and other communication to the public of their performance; and
The fixation of their unfixed performance.

203.2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings, in any manner or form;

203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original and copies of their performance fixed in the sound recording through sale or rental or other forms of transfer of ownership;

203.4. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings, even after distribution of them by, or pursuant to the authorization by the performer; and

203.5. The right of authorizing the making available to the public of their performances fixed in sound recordings, by wire or wireless means, in such a way that members of the public may access them from a place and time individually chosen by them. (Sec. 42, P.D. No. 49a)

SECTION 204. Moral Rights of Performers. —

204.1. Independently of a performer's economic rights, the performer, shall, as regards his live aural performances or performances fixed in sound recordings, have the right to claim to be identified as the performer of his performances, except where the omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation.

204.2. The rights granted to a performer in accordance with Subsection 203.1 shall be maintained and exercised fifty (50) years after his death, by his heirs, and in default of heirs, the government, where protection is claimed. (Sec. 43, P.D. No. 49)

SECTION 205. Limitation on Right. —

205.1. Subject to the provisions of Section 206, once the performer has authorized the broadcasting or fixation of his performance, the provisions of Sections 203 shall have no further application.

205.2. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers. (n)

SECTION 206. Additional Remuneration for Subsequent Communications or Broadcasts. — Unless otherwise provided in the contract, in every communication to the public or broadcast of a performance subsequent to the first communication or broadcast thereof by the broadcasting organization, the performer shall be entitled to an additional remuneration equivalent to at least five percent (5%) of the original compensation he or she received for the first communication or broadcast. (n)

SECTION 207. Contract Terms. — Nothing in this Chapter shall be construed to deprive performers of the right to agree by contracts on terms and conditions more favorable for them in respect of any use of their performance. (n)

XIII: Producers of Sound Recordings

SECTION 208. Scope of Right. — Subject to the provisions of Section 212, producers of sound recordings shall enjoy the following exclusive rights:

208.1. The right to authorize the direct or indirect reproduction of their sound recordings, in any manner or form; the placing of these reproductions in the market and the right of rental or lending;

208.2. The right to authorize the first public distribution of the original and copies of their sound recordings through sale or rental or other forms of transferring ownership; and

208.3. 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. (Sec. 46, P.D. No. 49a)

SECTION 209. Communication to the Public. — If a sound recording published for commercial purposes, or a reproduction of such sound recording, is used directly for broadcasting or for other communication to the public, or is publicly performed with the intention of making and enhancing profit, a single equitable remuneration for the performer or performers, and the producer of the sound recording shall be paid by the user to both the performers and the producer, who, in the absence of any agreement shall share equally. (Sec. 47, P.D. No. 49a)

SECTION 210. Limitation of Right. — Sections 184 and 185 shall apply mutatis mutandis to the producer of sound recordings. (Sec. 48, P.D. No. 49a)

XIV: Broadcasting Organizations

SECTION 211. Scope of Right. — Subject to the provisions of Section 212, broadcasting organizations shall enjoy the exclusive right to carry out, authorize or prevent any of the following acts:

211.1. The rebroadcasting of their broadcasts;

211.2. The recording in any manner, including the making of films or the use of video tape, of their broadcasts for the purpose of communication to the public of television broadcasts of the same; and

211.3. The use of such records for fresh transmissions or for fresh recording. (Sec. 52, P.D. No. 49)

XV: Limitations on Protection

SECTION 212. Limitations on Rights. — Sections 203, 208 and 209 shall not apply where the acts referred to in those Sections are related to:

212.1. The use by a natural person exclusively for his own personal purposes;

212.2. Using short excerpts for reporting current events;

212.3. Use solely for the purpose of teaching or for scientific research; and

212.4. Fair use of the broadcast subject to the conditions under Section 185.

(Sec. 44, P.D. No. 49a)

XVI: Term of Protection

SECTION 213. Term of Protection. —

213.1. Subject to the provisions of Subsections 213.2 to 213.5, the copyright in works under Sections 172 and 173 shall be protected during the life of the author and for fifty (50) years after his death. This rule also applies to posthumous works. (Sec. 21, first sentence, P.D. No. 49a)

213.2. In case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. (Sec. 21, second sentence, P.D. No. 49)

213.3. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published: Provided, That where, before the expiration of the said period, the author's identity is revealed or is no longer in doubt, the provisions of Subsections 213.1. and 213.2 shall apply, as the case may be: Provided, further, That such works if not published before shall be protected for fifty (50) years counted from the making of the work. (Sec. 23, P.D. No. 49)

213.4. In case of works of applied art the protection shall be for a period of twenty-five (25) years from the date of making. (Sec. 24(B), P.D. No. 49a)

213.5. In case of photographic works, the protection shall be for fifty (50) years from publication of the work and, if unpublished, fifty (50) years from the making. (Sec. 24(C), P.D. 49a)

213.6. In case of audio-visual 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. (Sec. 24(C), P.D. No. 49a)

SECTION 214. Calculation of Term. — The term of protection subsequent to the death of the author provided in the preceding Section shall run from the date of his death or of publication, but such terms shall always be deemed to begin on the first day of January of the year following the event which gave rise to them. (Sec. 25, P.D. No. 49)

SECTION 215. Term of Protection for Performers, Producers and Broadcasting Organizations. —

215.1. The rights granted to performers and producers of sound recordings under this law shall expire:

For performances not incorporated in recordings, fifty (50) years from the end of the year in which the performance took place; and
For sound or image and sound recordings and for performances incorporated therein, fifty (50) years from the end of the year in which the recording took place.

215.2. In case of broadcasts, the term shall be twenty (20) years from the date the broadcast took place. The extended term shall be applied only to old works with subsisting protection under the prior law. (Sec. 55, P.D. No. 49a)

XVII: Infringement

SECTION 216. Remedies for Infringement. —

216.1. Any person infringing a right protected under this law shall be liable:

To an injunction restraining such infringement. The court may also order the defendant to desist from an infringement, among others, to prevent the entry into the channels of commerce of imported goods that involve an infringement, immediately after customs clearance of such goods.
Pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to 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 shall not be regarded as penalty.
Deliver under oath, for impounding during the pendency of the action, upon such terms and conditions as the court may prescribe, sales invoices and other documents evidencing sales, all articles and their packaging alleged to infringe a copyright and implements for making them.
Deliver under oath for destruction without any compensation all infringing copies or devices, as well as all plates, molds, or other means for making such infringing copies as the court may order.
Such other terms and conditions, including the payment of moral and exemplary damages, which the court may deem proper, wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case.

216.2. In an infringement action, the court shall also have the power to order the seizure and impounding of any article which may serve as evidence in the court proceedings. (Sec. 28, P.D. No. 49a)

SECTION 217. Criminal Penalties. —

217.1. Any person infringing any right secured by provisions of Part IV of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by:

Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for the first offense.
Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos (P500,000) for the second offense.
Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from Five hundred thousand pesos (P500,000) to One million five hundred thousand pesos (P1,500,000) for the third and subsequent offenses.
In all cases, subsidiary imprisonment in cases of insolvency.

217.2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement.

217.3. Any person who at the time when copyright subsists in a work has in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the purpose of:

Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article;
Distributing the article for purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work; or
Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on conviction to imprisonment and fine as above mentioned. (Sec. 29, P.D. No. 49a)

SECTION 218. Affidavit Evidence. —

218.1. In an action under this Chapter, an affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that:

At the time specified therein, copyright subsisted in the work or other subject matter;
He or the person named therein is the owner of the copyright; and
The copy of the work or other subject matter annexed thereto is a true copy thereof, shall be admitted in evidence in any proceedings for an offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright.

218.2. In an action under this Chapter:

Copyright shall be presumed to subsist in the work or other subject matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject matter; and
Where the subsistence of the copyright is established, the plaintiff shall be presumed to be the owner of the copyright if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership.
Where the defendant, without good faith, puts in issue the questions of whether copyright subsists in a work or other subject matter to which the action relates, or the ownership of copyright in such work or subject matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may direct that any costs to the defendant in respect of the action shall not be allowed by him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties. (n)

SECTION 219. Presumption of Authorship. —

219.1. The natural person whose name is indicated on a work in the usual manner as the author shall, in the absence of proof to the contrary, be presumed to be the author of the work. This provision shall be applicable even if the name is a pseudonym, where the pseudonym leaves no doubt as to the identity of the author.

219.2. The person or body corporate whose name appears on an audio- visual work in the usual manner shall, in the absence of proof to the contrary, be presumed to be the maker of said work. (n)

SECTION 220. International Registration of Works. — A statement concerning a work, recorded in an international register in accordance with an international treaty to which the Philippines is or may become a party, shall be construed as true until the contrary is proved except:

220.1. Where the statement cannot be valid under this Act or any other law concerning intellectual property.

220.2. Where the statement is contradicted by another statement recorded in the international register. (n)

XVIII: Scope of Application

SECTION 221. Points of Attachment for Works under Sections 172 and 173. —

221.1. The protection afforded by this Act to copyrightable works under Sections 172 and 173 shall apply to:

Works of authors who are nationals of, or have their habitual residence in, the Philippines;
Audio-visual works the producer of which has his headquarters or habitual residence in the Philippines;
Works of architecture erected in the Philippines or other artistic works incorporated in a building or other structure located in the Philippines;
Works first published in the Philippines; and
Works first published in another country but also published in the Philippines within thirty days, irrespective of the nationality or residence of the authors.

221.2. The provisions of this Act shall also apply to works that are to be protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party. (n)

SECTION 222. Points of Attachment for Performers. — The provisions of this Act on the protection of performers shall apply to:

222.1. Performers who are nationals of the Philippines;

222.2. Performers who are not nationals of the Philippines but whose performances:

Take place in the Philippines; or
Are incorporated in sound recordings that are protected under this Act; or
Which has not been fixed in sound recording but are carried by broadcast qualifying for protection under this Act. (n)

SECTION 223. Points of Attachment for Sound Recordings. — The provisions of this Act on the protection of sound recordings shall apply to:

223.1. Sound recordings the producers of which are nationals of the Philippines; and

223.2. Sound recordings that were first published in the Philippines. (n)

SECTION 224. Points of Attachment for Broadcasts. —

224.1. The provisions of this Act on the protection of broadcasts shall apply to:

Broadcasts of broadcasting organizations the headquarters of which are situated in the Philippines; and
Broadcasts transmitted from transmitters situated in the Philippines.

224.2. The provisions of this Act shall also apply to performers who, and to producers of sound recordings and broadcasting organizations which, are to be protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party. (n)

XIX: Institution of Actions

SECTION 225. Jurisdiction. — Without prejudice to the provisions of Subsection 7.1(c), actions under this Act shall be cognizable by the courts with appropriate jurisdiction under existing law. (Sec. 57, P.D. No. 49a)

SECTION 226. Damages. — No damages may be recovered under this Act after four (4) years from the time the cause of action arose. (Sec. 58, P.D. No. 49)

XX: Miscellaneous Provisions

SECTION 227. Ownership of Deposit and Instruments. — All copies deposited and instruments in writing filed with the National Library and the Supreme Court Library in accordance with the provisions of this Act shall become the property of the Government. (Sec. 60, P.D. No. 49)

SECTION 228. Public Records. — The section or division of the National Library and the Supreme Court Library charged with receiving copies and instruments deposited and with keeping records required under this Act and everything in it shall be opened to public inspection. The Director of the National Library is empowered to issue such safeguards and regulations as may be necessary to implement this Section and other provisions of this Act. (Sec. 61, P.D. No. 49)

SECTION 229. Copyright Division; Fees. — The Copyright Section of the National Library shall be classified as a Division upon the effectivity of this Act. The National Library shall have the power to collect, for the discharge of its services under this Act, such fees as may be promulgated by it from time to time subject to the approval of the Department Head. (Sec. 62, P.D. 49a)

Journal Publishing Guide

Electronic Journal Publishing Guide

A step-by-step guide for publishing journals.

Step 1

Gather all articles to be included in the journal.

Step 2

Secure copyright for the journal and/or articles from the Intellectual Property Office of the Philippines (IPOPHL).

What is the copyright distinction between articles written by an author and copyright over the journal publication?
"The copyright over the article is separate and distinct from the copyright over the journal itself as a published compilation of articles. Thus, it is common practice that copyright over an article submitted for publication belongs to the author while copyright over the journal belongs to the publisher thereof. If, however, copyright over the article was transferred by the author/authors to the publisher of the journal via a written deed of assignment, then it is the publisher who may apply for copyright registration over the article." (E. Valerio, personal communication, July 15, 2020)

You may refer to Rules 2 and 3 of the IPOPHL Memo Circular No. 2020-025 for the requirements and procedures in applying for copyright.

Step 3 (optional)

Secure a Creative Commons License to your journal. Follow this guide in securing a Creative Common License.

3.1. There are six (6) types of CC Licenses. Each type specifies the allowable use of the author's work by others. For example, the Attribution 'CC BY' lets others distribute, remix, adapt, and build upon the work, even commercially, as long as they credit you for the original creation (Creative Commons, n.d.). More information can be found on the Creative Commons website.

3.2. Authors/creators can choose a CC License using the Creative Commons License Chooser (https://chooser-beta.creativecommons.org). After having chosen your license, it can be copied and pasted on your work.

Step 4

Apply for an ISSN (International Standard Serial Number) online through the National Library of the Philippines. You may refer to numbers 3 and 5 of the Guidelines for requesting an ISSN through the ISSN National Centre of the Philippines.

Step 5

Submit your journal to an electronic journal publisher (e.g., Philippine eJournals, Springer). Listed below are some of the electronic journal publishers you can get in touch with.

Springer: info@springeropen.com
The Directory of Access Journals & Articles (DOAJ) Application Form
Philippine eJournals: +63 (02) 929 5088 local 118

For further assistance, please contact the Reference Librarian or you may ask any of our Librarians online.

Selecting a Journal for Publication

Guide for Selecting Journals for Publications

The button below allows you to view some resources that can serve as a guide for selecting journals for publications. The contents do not represent the opinions or recommendations of the University of Asia and the Pacific, its Librarians, the Library staff, and the University administration. The links provided are for referral only. Hence, exploration of the links and their content are in the hands of the user on whom resides the decision to use a site for one's publications.

Open the Guide now

Note: the link is available for uap.asia account holders only.

You may also get in touch with the Library staff or inquire directly by clicking on the golden chat button at the lower-right corner of this page.