United States of America by-laws states that:
THE USE OF ANY COPYRIGHTED MATERIAL IS USED UNDER
THE GUIDELINES OF "FAIR USE" IN TITLE 17 & 107 OF THE UNITED STATES CODE.
SUCH MATERIAL REMAINS THE COPYRIGHT OF THE ORIGINAL HOLDER AND IS USED
HERE FOR THE PURPOSES OF EDUCATION, COMPARISON, AND CRITICISM ONLY.
NO INFRINGEMENT OF COPYRIGHT IS INTENDED
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INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293]
PHILIPPINE by-laws states that:
Sec. 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:
(a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes;
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(d) 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185.2 The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the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.
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CHAPTER VI
OWNERSHIP OF COPYRIGHT
Sec. 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the following rules:
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 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 producers shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work; 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)
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Chapter XVII
INFRINGEMENT
Sec. 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:
(a) 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.
(b) 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.
(c) 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.
(d) In all cases, subsidiary imprisonment in cases of insolvency.
United States of America by-laws states that:
THE USE OF ANY COPYRIGHTED MATERIAL IS USED UNDER
THE GUIDELINES OF "FAIR USE" IN TITLE 17 & 107 OF THE UNITED STATES CODE.
SUCH MATERIAL REMAINS THE COPYRIGHT OF THE ORIGINAL HOLDER AND IS USED
H...