copyright report with answers

7/24/2019 Copyright Report With Answers

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LICEO DE CAGAYAN UNIVERSITYCOLLEGE OF LAW

SPECIAL COMMERCIAL LAWS

ATTY. ANGELA ALONG

Bato, Mohammad Sowaib L.

Belangdal, Victorino

Chaves, Consuelo G.

Gambe-Vallejera, Joan Lenette .

Lagcao, !lorence

Ma"andi !arhanna B.

Macau#ag $Gandamra %al#n

&acuribot, Jemima G.

&angilinan, na Clarisa %.

%oa, 'onne#

(alon, Sittie )ashiba *.

Case 1+ (a#lor Swit withdrew her music rom spotify because she was not "aid

ro#alties and or some reason, the managing director did not "a# much during the trial

"eriod. (he# used to not "a# the artist during trial "eriod and screening, which included

ree downloading o the music.

Question1a Is a son! a"tist entit#e$ to "o%a#ties &"o' t(e ai"in! o& (e" )o"*+

Answer: n general, #es, subject to limitations set b# law. (he "rotection andenorcement o the right o economic exploitationo co"#right holder is the essence o

co"#right law. Section /0 o Cha"ter 1 is e2"licit+

SECTION 206. Additional Remuneration for Subsequent

Communications or roadcasts. Unless otherwise provided in the

contract, in every communication to the public or broadcast of a

performance subsequent to the rst communication or broadcast thereof by

the broadcasting organization, the performer shall be entitled to an

additional remuneration equivalent to at least ve percent (5% of the

original compensation he or she received for the rst communication orbroadcast! (n"

3ther "rovisions o the &C that su""ort this assertion include Section 144 on co"#right

or 5conomic %ights and Section // "rotecting the right to "artici"ate in subse6uent

transers.

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(he right to ro#alties being claimed b# (a#lor Swit in the case at bar is rightl# within the

ambit o the aorecited "rovisions o the &C.

Question 1, W(at a"e t(e "i!(ts t(at atta-( to a -o%"i!(t+

Answer: n general, and subject to limitations, all co"#right holders are entitled to the

ollowing economic rights+

17 5conomic %ights

7 Moral %ights

87 %ight to "artici"ate in subse6uent transers

C!A"TER #

Co$%ri&'t or Economic Ri&'ts

SECTION ()). Co$%ri&'t or Economic Ri&'ts. $ubect to the

provisions of &hapter ', copyright or economic rights shall consist of the

e)clusive right to carry out, authorize or prevent the following acts* #++!#!

eproduction of the wor- or substantial portion of the wor-.

#++!/! 0ramatization, translation, adaptation, abridgment, arrangement or

other transformation of the wor-.

#++!1! 2he rst public distribution of the original and each copy of the wor-by sale or other forms of transfer of ownership.

#++!3! ental of the original or a copy of an audiovisual or cinematographic

wor-, a wor- embodied in a sound recording, a computer program, a

compilation of data and other materials or a musical wor- in graphic form,

irrespective of the ownership of the original or the copy which is the subect

of the rental. #++!5! 4ublic display of the original or a copy of the wor-.

#++!! 4ublic performance of the wor-. and #++!+! 6ther communication to

the public of the wor-! ($ec! 5, 4! 0! 7o! 38a"

C!A"TER * +oral Ri&'ts

SECTION (,-. Sco$e of +oral Ri&'ts. 2he author of a wor- shall,

independently of the economic rights in $ection #++ or the grant of an

assignment or license with respect to such right, have the right* #81!#! 2o

require that the authorship of the wor-s be attributed to him, in particular,

the right that his name, as far as practicable, be indicated in a prominent

way on the copies, and in connection with the public use of his wor-.

#81!/! 2o ma-e any alterations of his wor- prior to, or to withhold it from

publication.

#81!1! 2o obect to any distortion, mutilation or other modication of, or

other derogatory action in relation to, his wor- which would be preudicial to

his honor or reputation. and

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#81!3! 2o restrain the use of his name with respect to any wor- not of his

own creation or in a distorted version of his wor-! ($ec! 13, 4!0! 7o! 38

C!A"TER *I

Ri&'t to "roceeds in Subsequent Transfers

SECTION 200. Sale or ease of /or. n every sale or lease of an

original wor- of painting or sculpture or of the original manuscript of a writer

or composer, subsequent to the rst disposition thereof by the author, the

author or his heirs shall have an inalienable right to participate in the gross

proceeds of the sale or lease to the e)tent of ve percent (5%! 2his right

shall e)ist during the lifetime of the author and for fty (59 years after his

death! ($ec! 1#, 4!0! 7o! 38

$:&267 /9#! ;or-s 7ot &overed! 2he provisions of this &hapter shall not

apply to prints, etchings, engravings, wor-s of applied art, or wor-s of similar

-ind wherein the author primarily derives gain from the proceeds of

reproductions! ($ec! 11, 4!0! 7o! 38"

Case /s a teacher9s lecture "rotected under the co"#right law: lecturer "rohibits the

recording o her lecture, but des"ite the "rohibition, a student goes on to record the

lecture. re an# o the teacher9s co"#rights violated:

Ans)e";hether the teacher9s lecture is "rotected under the co"#right law wouldde"end whether it 6ualiies as an original or derivative wor< which ma

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