Saan po ba location ng National Library?... I don't know the exact location but I know it's somewhere in Manila, near Intramuros??? Tulong nman po, I will be going there tomorrow to obtain copyright for some song materials. =)
Frequently Asked Questions
Copyright Application Procedure:
Apply for copyright registration at the Copyright Division of The National Library of the Philippines. Secure application form in the said office or download form. Those in far-off areas of the country, ask for an application form by e-mail at
copyright@nlp.gov.ph or by FAX No: 63.2.524-2329 or by mail addressed to:
The Chief
Copyright Division
The National Library
T.M. Kalaw St.
Ermita, Manila
Application should be accomplished in duplicate, typewritten. An affidavit should be attached at the back of the application form and should be duly notarized.
Application should be accompanied with two (2) copies of the work as deposit, and a registration fee of one hundred pesos (P100.00) and ten pesos (P10.00) worth of documentary stamps.
If the work applied for registration is a published work, two (2) printed copies shall be submitted with the application form copyright notice printed in front or at the back of the title page if it is a book and on any conspicuous space if it is a non-book material.
The copyright notice shall be in this form:
Philippine Copyright _____ (year of publication)
by ________________ (name of copyright owner)
A "published work" means that the work has been disseminated to the public prior to registration with the Copyright Office.
If the work applied for registration is an unpublished work, two (2) manuscripts and/or photocopies of the work without the copyright notice shall accompany the application.
"Unpublished work" for purposes of registration means that the work has not been disseminated to the public at the time of registration.
If the applicant is a non-resident, he/she should appoint a local authorized agent by special power of attorney to prosecute copyright application for and his/her behalf with this office.
If a third party is claiming copyright ownership of the book other than the author, the author as the original copyright owner should waive his/her copyright in writing under oath in favor of the claimant. The copyright waiver should be attached to the application.
If the applicant is a proprietor, a photo copy of his certificate of business name should be attached to the application and for a corporation, its SEC registration.
Certificate of the deposit will be issued upon request by the applicant.
DOWNLOAD APPLICATION FORM
Application for Copyright T.N.L No.24-(3rd Revision) [front] [back]
FREQUENTLY ASKED QUESTIONS RE COPYRIGHT
1. What is Copyright?
Answer: Copyright maybe defined as a set of prerogatives conferring on the authors of literary and artistic works control over the public exploitation of their works and ensuring them renumeration to which they are entitled in consideration of their creative work.
2. What is the difference between patent and copyright?
Answer:
Patent is a document securing to an inventor for a term of years exclusive right to his or her invention.
Copyright chiefly in literary, musical, artistic, photographic and audio-visual works.
3. How long is a patent/copyright in force? What is the period of effectivity?
Answer:
The class designation of copyrightable works under R.A. 8293 have the following terms of protections:
For literary works - Lifetime of the author and for 50 years after his/her ( A,B,C,D,E,F,G,I,J,M,N,O.) death.
For Applied Art - Twenty-five(25) years from the date of making of the (class H) work.
For photographic - Fifty (50) years from publication of the work and for (class K) unpublished fifty (50) years from the date of making of the work.
Audio-Visual work - Fifty(50) years from the publication and if unpublished (class L) from the date of making of the work.
Sound Recording - Fifty(50) years from the end of the year in which the (class P) recording took place.
Broadcast Recording - Twenty(20) years from the date the broadcast took (class Q) place.
4. Does a pending patent/copyright already have the force of law?
Answer: Yes. Because Copyright subsist upon creation.
5. Is a patent/copyright in other countries recognized in the Philippines, and vice versa?
Answer: Those countries which are signatories to the Berne Convention are required to extend to the nationals of other signatory-countries the rights and privileges that they give to their own nationals relative to the copyright. The Philippines is a signatory to the Berne Convention; hence, it recognizes patent/copyright in other signatory countries.
6. Where does one apply for a copyright?
Answer: The registration of copyright is in the:
Copyright Office,
The National Library building, 2nd floor,
T.M. Kalaw St., Ermita, Manila.
7. How much are the costs involved in a copyright registration?
Answer: The registration fee for copyright is P 100.00.
8. What are the procedures for copyright registration? Please state the step by step procedures.
Answer:
Get one duplicate copy ( together with requirements for copyright registration ) of the application form from the copyright office.
1. Fill-up the application form from no. 1 to no. 8 if you are filing the unpublished work. Sign your name at the bottom of the application form. If you are filing for a published work have to fill up the form from no.1 to no. 9. Fill-up the affidavit at the back of the application form and sign your name at the bottom of the application form. Then bring your application form to a notary public for notarization of your application. Bring your application to the Copyright Office together with the two (2) copies of the material as deposit.
9. How long is the processing period from submission of requirements to approval of application?
Answer: The processing period of copyright application is 2 weeks and the applicant will clam a certificate of copyright registration.
10. Who will apply for Copyright? The Manufacturing company or the designer hired by the company?
Answer:
The Employer/Company owns copyright if the work is the result of performance of regular assigned duties of employee unless otherwise agreed upon.
The Employee owns copyright if object of copyright is not part of his regular duties even if he uses the time, facilities and materials of employer
If work is commissioned, one who commissioned owns the same and the copyright is jointly owned unless stipulated otherwise.
The author or creator of any work can waive or transfer hi/her work in favor of a corporation or individual to own a copyright.
11. What woks maybe copyrighted?
Answer:
The following are the copyrightable works:
CLASS
A - Books, Pamphlets and other writings;
B - Periodicals and newspapers;
C - Lectures, sermons, addresses, dissertations prepared for oral delivery. Whether or not reduced in writing or other material form;
D - Letters;
E - Dramatic or dramatico-musical composition (T.V. or movie scripts), Choreographic works or
entertainment in dumb shows;
F - Musical compositions, with or without works;
G - Works of drawing , painting, architecture, sculpture, Engraving, lithography or other works of art, models or designs of work of art;
H - Original ornamental designs or models for articles of manufacture; whether or not registrable as an industrial design, and other works of applied art;
I - Illustrations, maps, plans, sketches, charts and three-dimensional relative to geography, topography, architecture or science;
J - Drawings or plastic works of a scientific or technical racter;
K - Photographic works and cinematographic works and works produced By a process analogous to photography; lantern slides;
L - Audiovisual works and cinematographic works works produced by a Process analogous to cinematography or any process for making audio-Visual recordings;
M - Pictorial illustrations and advertisement
N - Computer programs; and
O - Other literary, scholarly, scientific and artistic works.
12. Does a company apply for a copyright all product designs in a design collection?
Answer: For the purpose of protecting your work. Yes.
13. Can a company apply for a copyright for a single design? Can a company register a single design with the IPO and TNL?
Answer: The company can apply their work as a single design in the copyright office as long as they want to avail for the protection of their design.
14. What protection can and company have when its designs are copyrighted?
Answer: The protection for the design is twenty (25) years from the date of making of the work.
15. What are the options available to a victim of copyrighted infringement?
Answer: Remedies for infringement are administer before the IPO, particularly Bureau of Legal Affairs; Judicial (civil and criminal) before the IP courts or RTC.
16. Can a design of regular items (ex. Basket or food cover) be protected by a slight variation or design?
Answer: Yes.
17. Is it possible to secure a copyright for a design that has already been patented by another company?
Answer: Yes, because unlike the patent office, the copyright office performs ministerial functions. The copyright office only relies on the back of the application form/affidavit that the applicant is submitting his/her original work to the copyright office.
18. How would a manufacturing company know that a product design offered by a designer is copyrighted by another manufacturing company?
Answer: Ask for the certificate of copyright registration or do a research with the copyright office.
19. How does one stop a shipment of a copyrighted item when one has to go through Legal procedures first( by w/c twice the shipment has been shipped out)?
Answer: To make the shipment stop ask the assistance from the Presidential Inter-Agency Committee on Intellectual Property Rights( IAC-IPR) with tel. no. 890-3864 or 896-4694 or any DTI office nearest to you or to the Bureau of Customs; or to the court for injunction.
20. Is it possible to collect damages and opportunity losses from copyright infringement?
Answer: Yes. As long as you are the original creator of your work and registered at the copyright office.
For more questions on Copyright, check out
http://www.nlp.gov.ph/.
----check mo site nila pre para mas okay, but i guess by the time u read this u already been there.---
para sa iba rin na tulad kong copyright-greenhorn.
MABUHAY ANG MAHIWAGANG INGAY !!!
