New statutory fair use guidelines of IPOPHL to clarify rules on copyright exceptions
The Intellectual Property Office of the Philippines (IPOPHL) has issued its fair use guidelines during the 11th Fair Use Week, aiming to provide clarity and direction to Filipino innovators, educators, and creatives regarding intellectual property rights.
IPOPHL Director General Rowel S. Barba emphasized the importance of fair use in fostering creativity and maintaining a balanced approach between protection and access to copyrighted works.
Under the Philippine IP Code, fair use permits certain uses of copyrighted works without obtaining consent from the copyright owner under specific circumstances outlined in Section 185. The statutory fair use guidelines, outlined in Section 184, specify activities that do not infringe on an author’s exclusive economic rights.
The Bureau of Copyright and Related Rights (BCRR) developed these guidelines to elucidate the requirements for activities to qualify as statutory fair use, aiming to enhance public understanding and assist users who may encounter such scenarios.
BCRR Director Emerson Cuyo highlighted fair use’s role in ensuring that copyright holders are not unduly restricted, emphasizing the government’s commitment to fostering innovation while protecting rights holders.
The guidelines are structured into three sections to provide creators with a comprehensive understanding of fair use principles. These sections detail various scenarios, including journalistic reporting, works for the visually impaired, scholarly publications, news articles, and architectural works, among others.
BCRR emphasizes the importance of thoroughly examining each fair use act’s components to determine applicability. If fair use principles do not apply, the public is encouraged to seek permission and provide credit to the creators of original works.
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