such a way that member of the public access them from a place and time individually
chosen by them (Sec. 42 P.D No. 49A).”
Sec. 19 Section 204.1 of Republic Act No. 8293 is hereby amended to read as follows:
“204.1. Independently of a performer’s economic rights, the performer shall, as regards
his live aural performance or performances fixed in sound recordings or audiovisual
works or fixations, have the rights to claim to be to be identified as the performer of his
performances, except where the omission is dictated by the manner of the use of
performance, and to object to any distortion, mutilation or other modification of is
performances that would be prejudicial to his reputation.”
“Sec. 20. Section 208 of Republic Act No. 8293 is hereby amended to read as follows:
“Sec. 208. Scope of Right.
“208.4. The right to authorize the making available to the public of their sound
recordings in such a way that member of the public may access the sound recording
from a place and at a time individually chosen or selected by them, as well as other
transmissions of a sound recording with like effect.”
Sec. 21. Section 212 of Republic Act No. 8293 hereby amended to read as follows:
“Sec. 212. Limitation on Rights. – The provisions of chapter VIII shall apply mutatis
mulandis to the rights of performers, producers of sound recordings and broadcasting
organizations.”
“Sec. 22 Section 216 of Republic Act No. 8293 hereby amended to read as follows:
“Sec. 216. Infringement. – A person infringes a right protected under this Act when one:
“(a) Directly commits an infringement;
“(b) Benefits of the infringing activity of another person who commits an infringement if
the person benefiting has been giving notice of the infringing activity and has the right
and ability to control the activities of the other person;
“(c) With knowledge of infringing activity induces, cause or materially contributes to the
infringing conduct of another.
“216.1. Remedies for infringements. – Any person infringing a right protected under this
law shall be liable.
“(b) To pay 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 improving profits the plaintiff shall be required to prove sales only and
the defendant shall be required to prove very element cost which he claims or, in lieu of
actual damage and profits, such damages which to the court shall appear to be just and
shall not be regarded as penalty: Provided. That the amount of damages to be awarded
shall be doubled against any person who:
“(i) Circumvents affective technological measures; or
“(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal
the infringement, remove or alter any electronic rights management information from a
copy of a work, sound recording, or fixation of a performance or distribute import for the
distribution ,broadcast, or communicate to the public works or copies of works without
authority, knowing that electronic rights management information has been removed or
altered without authority.
“The copyright owner may elect, at any time before final judgment is rendered to
recover instead of actual damages and profits an award of statutory damages for all
infringements involved in an action in a sum equivalent to the filing fee of the
infringement action but no less than Fifty thousand pesos (PHp50,000.00). In awarding
statutory damages the court may consider the following factors:
“(1) The nature and purpose of the infringing act;
“(2) The flagrancy of the infringement;
“(3) Whether the defendant acted in bad faith;
“(4) The need for deterrence;
“(5) Any loss that the plaintiff has suffered or is a likely to suffer by reason of the
infringement; and
“(6) Any benefits shown to have accrued to the defendant by reason of the infringement.
“In case the infringer was not aware and had no reason to believe that his acts
constitute an infringement of copyright, the court in its discretion may reduce the award
of statutory damages to a sum of not more than Ten thousand pesos (PHp10,000.00):
Provided. That the amount of damages to be awarded shall be double against any
person who:
“(i) Circumvents effective technological measures; or