“Sec. 185. Fair Use of Copyrighted Work. 185.1. The fair use of a copyrighted work for
criticism, comment, news reporting, teaching including limited number of copies for the
classroom use, scholarship, researched, and similar purposes is not an infringement of
copyright. DE compilation ,which is understood here to be the production of the code
and translation of the form of a computer program to achieve the interoperability of an
independently created computer program with other programs may also constitute fair
use under the criteria established by this section, to the extent that such de compilation
is done for the purpose of obtaining the information necessary to achieve such
interoperability.
Sec. 13. Section 188.1. of Republic Act No. 8293 is hereby amended to read as follows:
”Sec. 13. Section 188. Reproduction by Libraries. 188.1. Notwithstanding the provision
of Subsection 177.1., any library or achieve whose activities are not for profit may,
without the authorization of the author or copyright owner, make a limited number of
copies of the work, as may be necessary for such institutions to fulfill their mandate, by
reprographic reproduction:
“(c) Where the making of such limited copies is in order to preserve and, if necessary in
the event that is lost, destroyed or rendered unusable, replace a copy, or to replace, in
the permanent collection of another similar library or achieve, a copy which has been
lost, destroyed or rendered unusable and copies are not available with the publisher.”
Sec. 14. Section 190.1. and 190.2. of Republic Act No. 8293 are deleted in their
entirety.
Sec.15. Section 190.3. of Republic Act No. 8293 hereby renumbered and amended as
the sole provision under section 190 to read as follows:
“Sec. 190. Importation and Exportation of Infringing Materials. 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 or exportation of infringing articles
prohibited under Part IV of this Act and under relevant treaties and convention to which
the Philippines may be a part and seizing and condemning and disposing of the same in
case they are discovered after they have been imported or before they exported. (Sec.
30. P.D. No. 49)”
Sec. 16. Section 191 of Republic Act No. 8293 is hereby amended to read as follows:
“Sec. 191. Deposit and Notice of Deposit with the National Library and the Supreme
Court Library. At any time during the subsistence of the copyright, the owner of the
copyright or of any exclusive right in the work may, for the purpose of completing the
records of the National Library and the Supreme Court Library, register and deposit with
them, by personal delivery or by registered mail, two (2) copies or reproductions of the
work such form as Directors of said libraries may prescribe in accordance with
regulations: Provided, That only works in a field of law shall be deposited with the
Supreme Court Library. Such registration and deposit is not a condition of copyright
protection.”
Sec. 17. Section 198 of Republic Act No. 8293 is hereby amended to read as follows:
“Sec. 198. Term of Moral Rights. – 198.1. The right of an author under Section 193.1
shall last during of the lifetime of the author and in perpetuity after his death while the
rights under Section 193.2. 193.3 and 193.4 shall be coterminous with the economics
rights, the moral rights shall not be assignable or subject to license. The person or
persons to be charge with the posthumous enforcement of these rights shall be named
in a written instrument which shall 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.”
Sec. 18. Section 203 of Republic Act No. 8293 is hereby amended to read as follows:
”203.2. The right of authorizing the direct or indirect reproduction of their performances
fixed in sound recording or audiovisual works or fixations in any manner of 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 sound recording or
audiovisual works or fixations through sale or rental of 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 or audiovisual works or fixations,
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 or audiovisual works or fixations by wire or wireless means, in