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The current copyright law, Republic Act No. 8293 (Intellectual Property Code of the Philippines), was passed in 1998. [ 11 ] The Philippines was removed from Special 301 Report of the United States Trade Representative (USTR) in 2014, citing "significant legislative and regulatory reforms" in the area of intellectual property.
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this ...
This page was last edited on 2 December 2024, at 04:15 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by ...
You need pre-approval to publish photos by the Philippine government if you have any intention of using the photos commercially: From the Republic Act 8293 (), section 176: "No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be ...
The basic two-part test for copyright infringement under the 1976 Act, described by the US Supreme Court in Feist Publications, Inc., v. Rural Telephone Service Co. , is (1) whether there is a valid copyright, and (2) whether there has been improper copying of the copyrighted work.
Rights holders must consider fair use before issuing a takedown notice. If the notice is issued in bad faith, the rights holder could be held liable for misrepresentation. A.V. ex rel.Vanderhye v. iParadigms LLC: 562 F.3d 630: 4th Cir. 2009 Commercial online database of student papers for plagiarism detection purposes was fair use MDY Industries v.
Such products might be lawfully made, either by the copyright owner or a licensee, but they would not be lawfully made under US copyright law. Rather, they would be lawfully made under the copyright laws of the other country; and the first-sale doctrine would therefore not limit the §602 importation restriction. The 2008 case Omega v.