"The primary objective of copyright is not to reward the labor of authors, but ‘[t]o promote the Progress of Science and useful Arts.' To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art."
Justice Sandra Day O'Connor
What is Copyright?
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights. It is a form of intellectual property (like the patent, the trademark, and the trade secret) applicable to any expressible form of an idea or information that is substantive and discrete.
Copyright initially was conceived as a way for government to restrict printing; the contemporary intent of copyright is to promote the creation of new works by giving authors control of and profit from them. Copyrights are said to be territorial, which means that they do not extend beyond the territory of a specific state unless that state is a party to an international agreement. Today, however, this is less relevant since most countries are parties to at least one such agreement. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws of most countries have some unique features. Typically, the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator's death, or a finite period for anonymous or corporate creations. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions.
To discuss with the Philippine Direction as compared to other countries:
The Philippine Copyright Law
Philippine copyright law is enshrined in the Intellectual Property Code of the Philippines, officially known as Republic Act No. 8293. “The Law on Copyright” The law is partly based on United States copyright law and the principles of the Berne Convention for the Protection of Literary and Artistic Works. Unlike many other copyright laws, Philippine copyright laws also protect patents, trademarks, and other forms of intellectual property.
There are also other laws that protect copyrights: the Optical Media Act (which protects music, movies, computer programs, and video games) is an example of such.
The law is enforced through a body established by the law: the Intellectual Property Office, or IPO, and its various branches. Copyright implementation is done with the coordination of the IPO and the Copyright Division of the National Library of the Philippines.
The Intellectual Property Code splits works that may be copyrighted into 17 classes, While all the classes listed are specifically for copyrighted material, trademarks and other forms of intellectual property, depending on what it is, are covered as well. Patents do not have a category. Literature (books, pamphlets, etc.), Periodicals (newspapers, tabloids, magazines, etc.), Public speeches and other public speaking works (speeches, lectures, sermons, etc.), Letters, Television or movie scripts, choreography, and entertainment in shows, Musical works (lyrics, songs, song arrangements, etc.), Art products (drawings, paintings. sculptures, etc.), Ornamental designs and other forms of applied art (not necessarily industrial designs), Geographical, topographical, architectural, and scientific works (maps, charts, plans, etc.), Scientific and technical drawings, Photographs and cinematographic works made in a process similar to photography, Audio-visual works and cinematographic works made in a process similar to making audio-visual works, Pictures used in advertising (includes logos), Computer programs, Other works not covered in classes A-N of a literary, scholarly, scientific, or artistic nature, Sound recording and Broadcasts.
Section 185 of the Intellectual Property Code provides for fair use of copyrighted material. The criteria for fair use is almost identical to the fair use doctrine in United States copyright law, with the exception that even unpublished works qualify as fair use under Philippine copyright law. When it comes to the ownership of copyright As the country is a party to the Berne Convention, Philippine copyright law expressly gives copyright ownership to the copyright holder automatically for creative works which fit in one of the categories.
Government copyright in the Philippines
Government copyright under Philippine copyright law is established in Section 176 and its subsections. That section specifies that no copyright shall subsist in any work of the Government of the Philippines. However, it also specifies that prior approval of the government agency or office wherein the work is created is necessary for exploitation of government works for profit.
There are exceptions to the rule: the author of any public speaking works may have the works compiled, published, and copyrighted, and the government is permitted to receive and hold copyrights it received as a gift or assigned. However, such copyrights may not be shortened or annulled without prior consent of the copyright holder. However the Copyright Law of Canada
Copyright law of Canada
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997 and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act 1867.
Copyright includes the right to first publish, reproduce, perform, transmit and show in in public. Additionally, other subsidiary rights such as abridgment and translation are also conferred
Copyright in Music and performances:
Music: Recordings of performances
There are different levels of copyright in music. There is copyright in the musical notation, the lyrics, the published edition of the sheet music (that is the layout and look of the music) and the sound recording. Performers have separate protection.
If the underlying music is still in copyright, permission will usually be required to perform the work in public and record the work. These permissions can be obtained through APRA/AMCOS if the composer and music publisher are members of that collecting society. If not, individual permissions will need to be obtained from the composer or the music publisher.
Rights in the underlying music performed - lyrics, written music and published edition copyright
Unless the staff member or student is performing a work that they have composed themselves, there will be some underlying copyright in the material they are performing and/or recording.
SONG LYRICS – translations also protected
There will be copyright in the words or lyrics to any song performed. These are protected as a literary work, separate to the copyright in the musical notation or the sound recording itself. This protection will last for the life of the lyric writer plus 70 years, unless the creator of the work died before 1 January 1955 in which case the material is no longer protected by copyright.
A translation of the lyrics would also create a new and separate copyright to that in the original words. This in turn would attract copyright protection for the period of life of the translator plus 70 years unless the translator died before 1 January 1955.
MUSICAL NOTATION – arrangements also protected
There will be copyright in the musical notation itself, lasting for the life of the composer plus 70 years, unless the creator of the work died before 1 January 1955 in which case the copyright has expired.
Each new arrangement will attract copyright protection for the person who made the arrangement, even where the original work is out of copyright. This protection will last for the life of the arranger plus 70 years. If the arranger died before 1 January 1955 the protection for that aspect of the work has ended.
Allowances under the Copyright Act
The Copyright Act provides certain limited allowances for music users in educational contexts:
- 'Fair dealing': students and staff (engaged in research) may rely on a special 'Fair dealing' allowance for copying limited amounts of sheet music and/or music recordings which are still in copyright (check the duration of copyright chart). In terms of amounts, the Copyright Act is vague as to what amount might be deemed fair with regard to a sound recording. For sheet music, a fair amount is often estimated as 10% of the number of bars in a work or song - or more, if the music is unavailable for purchase or out of print. To be considered a 'fair dealing', the use of the music score and/or recording would be strictly limited to an individual's personal research and study: you can't rely on this fair dealing allowance for making multiple copies, emailing music, performing music in public or putting music online. If you need copies of sheet music for activities outside the University (private tuition, performing as a private performer, etc), and if the sheet music is still available for sale, you need to buy copies of music or contact music publishers for permission to make copies of sheet music. APRA-AMCOS may be able to help in locating the relevant publisher. AMCOS also publish a useful 'Guide to using print music in Australia'. Consult the Copyright Adviser for further advice and refer to the general information on Fair Dealing.
- Staff copying sheet music for students: unlike the primary and secondary school system, at
tertiary level, only limited amounts of sheet music (10% of a music score,
which is still in copyright and still available for purchase) can be
copied when providing multiple copies for use in a unit or course. This
allowance is part of the Part VB 'CAL' licence within the Copyright Act.
The copying has to be by, or on behalf of, the University and copies must only be used for the educational
purposes of the University (ie clearly connected with a course of
study; used in class; used in 'closed' rehearsals for assessment recitals,
If the copies are made for use in concerts which are public events and/or ticketed events, or if the copies are made for use in rehearsals for such concerts/events, this would not be considered copying for educational purposes.
AMCOS (AMCOS/APRA) also publish a guide to using print music in Australia which may be helpful
In Canada Unauthorized copying of works can be permissible under the fair dealing exemption. In 2004, the Supreme Court of Canada in its decision CCH Canada v. Law Society of Upper Canada made a number of comments regarding fair dealing. Fair dealing is to be examined on a case-by-case basis. The purpose of the dealing, character of the dealing, amount of the dealing, alternatives of the dealing, nature of the work and effect of the dealing are factors that can contribute to fair dealing. Those favouring a broad interpretation of fair dealing argue there ought to be reasonable unauthorized reproduction of works because it facilitates creativity and free expression. They also argue that fair dealing provides reasonable access to existing knowledge. Those arguing that fair dealing ought to be more restrictive and specific state that fair dealing will reduce revenue to those creating works. They also argue the reproduction of works and sends a wrong message to the public that works are free as long as it falls under this banner. Their economic argument is that fair dealing should not compensate for the market's inability to meet the demand for public knowledge. However in the Philippines Section 185 of the Intellectual Property Code provides for fair use of copyrighted material. The criteria for fair use is almost identical to the fair use doctrine in United States copyright law, with the exception that even unpublished works qualify as fair use under Philippine copyright law.