4:23 WHAT SM SHLD HAVE DONE WAS REPRINT THEN THAT IS COPYRIGHT INFRINGEMENT 4:35 PEARL WOULD HAVE SUCCEEDED IN THE INFRINGEMENT CASE; IF WHAT SM HAVE DONE IS TO REPRINT THE Tecnical DRAWING without PEARL CONSENT
Hi Attorney, good morning. Thank you for uploading this video. As an amateur composer, I had no idea that I am already protected by the copyright law once I had my works published. Thank goodness i was able to encounter this video.
Hello, yes, while you are protected, it is best if you take extra steps to strengthen such protection, such as publishing your work (so there is proof of date of composition) and, as a further step, registration with the Intellectual Property Office (just Google their site, you can find steps there).
@@AttyJavierLawVlog Speaking of published work, if you have the time you can listen to my composition, not sure if you are a fan of acoustic music though... It's called "Iyong-iyo": ruclips.net/video/BTbpuFGsxBE/видео.html I will be filling out the form as well hehehe. I just downloaded it an hour ago. Thank you again Attorney Javier 😊
Thank you so much for posting this publicly on youtubr even though its for your students only - its a big help to us. Also thanks for answering questions about songs/songwriting/song composition / aong production etc Copyright. Based on what I deduced on thsod replies " Song are already copyrighted once published, but if want - can be submitted to national library " Thank you
Yes! As additional protection, it won't hurt to frequently publicize the song title together with the artist/band name so you create association. Tip for both legal and marketing purposes. Good luck!
Depends on how you grant the copyright. Usually you determine that by contract. So generally, up to you, as the copyright owner/holder. Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Hello, as explained in the video, Registration is not necessary. You are protected from the moment of creation and/or publication. However, for added protection, you may deposit a copy with the national library. Find more information here: web.nlp.gov.ph/nlp/?q=node/646
@@AttyJavierLawVlog ehh paano po sir kung may magnakaw po ng aming kanta or tune at aangkinin nila yun? Kailangan ko pa bah i license ang aming kanta para maka claim kami ng copyright?
You have to prove that you are really the original author. You don't have to license your song to have a copyright. The copyright is already there. The purpose of a license is to authorize people to use the copyright and for you to earn and be credited with ownership. If you wish to consult further, you may set up a paid consultation with us. Thank you
Hello! Hope you can discuss what's happening in the case of SB19. They are constrained to use the group name. But Pablo (one of the members) was the sole composer/producer of their songs. and they did not renew their contract.
Hi, sorry, I don't know the factual circumstances of the case. Most likely, however, it will depend on the contractual agreement of the parties, which may have assigned rights over songs etc.
Its me again po hehe. I have a demo of a song. Its not a complete song but I uplaoded it to Soundcloud and most of them are 2 mins long so its a bit close to completion just not professionally complete in structure. If I copyright that song then I added lyrics or add bridges or add additional parts. Do I need to file for another copyright? Its 200 plus 35 plus 35 plus shipping plus the CD with case or USB po kasi PER SONG. 😅 Thank you
Atty about civil procedure on remedies po sana kc madali ko matandaan kapag kau ung nagsshare ng video lecture or blog… parang nagkkipagkwentuhan at may kwento na sample na actual kaya navvisulizw ko
You don't have to, because a copyright is protected from the moment of its creation; you have to prove you were the first author through its first publication. However, as additional security, you may deposit a copy in the national library. Should you have further questions or would like better protection, you may request a paid online consultation or engage the services of our firm by sending an email to attypaolojavier@gmail.com during office hours. Thank you
Hi, as I mentioned in the video, a copyright is already protected from the moment of creation, and registration is not necessary for such protection. Nevertheless, registration is simply an added protection, and if you want the most protection, then deposit a copy in the National Library and have it registered with the IPO as well. Should you have any questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates. Thank you
Thank you for this very relevant info. Atty. How about po yung Research, Thesis, Dissertation na sinabmit ng student sa library. Can we digitized it? and share to the patron/students/faculty cover to cover for educational purposes?
Good day po Attorney. I have a question po regarding IP. This is po the situation. I have a software that I have been using since 2020 and eventually reengineered it. Now I have a business partner, me as the Industrial Partner and I signed a contract last year around 3rd quarter with this paragraph included (6.0. The Second Party acknowledges that, any and all future intellectual property rights, including but not limited to patents, copyrights and related rights and inventions that Second Party may create, invent, develop or discover arising from the performance and fulfillment of Second Party’s duties hereunder or during the term of this Agreement shall be the exclusive property of the Company and/or the Company's Client when applicable; and the Second Party hereby assigns all right, title, and interest in the same to the Company and/or the Company's Client when the latter so requires. Such future intellectual property rights are automatically licensed to the Company and/or the Company's Client, as the case may be, for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned by the Company and/or the Company's Client, as the case may be, without the Second Party’s prior written approval to a wholly-owned subsidiary or associates of the Company and/or the Company's Client, as the case may be.) Today, we had a total misunderstanding and I opted to resign as her Industrial Partner. Now she is demanding me to turnover the softwares I had because she is pointing out about the Intellectual Property. and by the way attorney below is the job description of my signed contract. As a Company Technical Advisor, you are expected to provide the following to the Company and its clients the following, but not limited to: • Provide administrative and technical support and reviews of continuing company projects and its future plans and programs. • Provide technical advice as well as expertise to systems development technical project groups. • Coordinate technical activities amongst technicians, users, computer along with communication networks. • Coordinate with other IT and digital service companies regarding the outsourcing of projects such as marketing, advertising, EA software development and other Information Technology projects. • Strategically support the development of company business focusing on budget management, establishment of community via different networks and channels • Keep track of the progress and the effectiveness of the strategy adopted and monitor competition by gathering current market information on pricing, products, new products, delivery schedules, merchandising techniques, etc. • Recommend changes in products, service, and policy by evaluating results. • Manages the promotion, selling and installation of EA (Expert Advisor) of the company to potential clients. • Perform other tasks related as maybe required by the CEO or the Company Thank you very much attorney hope to have a deeper enlightenment on this issue. Thank you.
Hi, wow, this is so long. Questions like these actually fall under a paid service, especially if there is studying of situational factors to be done. You may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Hello good day po sir pwede ka po ba maningil ng royalties ng sarili mo kahit hindi naka register sa ipophil at walang lang license ang kanta example inupload lang sa youtube tapos sumikat tapos ginamit ng iba sa business yung sariling music mo pwede mo po ba sila singilin?
Generally, yes, basta mapatunayan nyo po na sa inyo po galing yan, and hindi nyo po ni-waive yung copyright nyo tulad halimbawa kung napublish under creative commons. Ang mahirap lang po diyan ay yung actual na pag singil kasi malamang gagastos kayo sa kaso kung ayaw nila magbayad.
hello atty. good day. halilbawa po everytime na may nakikita akong paragraph sa isang book na binabasa ko and nagandahan ako sa nilalaman ng paragraph na yun and I upload it publicly online. Then I did upload again but this time a different paragraph on dissimilar page of that same book that I've been reading. Am I gonna get sued for that?
Only if you claim it is your intellectual creation. When you post something created by someone else, the least you should do is cite them. That's why you see "credits to (name)". It is not enough to say CTTO, you have to say their name. It is also best to get their permission to reproduce the work, if possible.
Hello Atty, Can i ask about copyright isues regarding Campaign Jingle? Does it apply if the music will be played during Campaign? and who is liable?Thank you.
Hello, The person who wishes to use the song/tune has to acquire the rights to use it, or at the very least, the consent of the author/songwriter. If it is used without consent, then it may be the proper subject of copyright Infringement. Should you have additional questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
Copyrights are usually set forth in the contract prior to engagement and performance of the work. If not, then follow the rules on commissioned work, which I have already discussed. If you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Hi Atty :) Hypothetical question since napunta sa usapang love letters. Kunwari isa akong pakboi tapos nagcompose ako ng napakagandang love letter tapos sinend ko sa iba't ibang babae. Yung isang babae, nagustuhan, pinost nya screenshot ng love letter ko sa FB niya publicly without my consent. Dahil maganda, nagviral at nakarating sa iba pang mga babaeng pinagpadalhan ko pa. Then nagsipost din sila ng screenshot nila at out vengeance kasi nga nabuko ako at nag sanib pwersa sila. Since ako may copyright ng work, pwede ko sila idemanda for copyright infringement aside from cyber libel, right?
Hahahaha ako pa ang on deck ngayon? May graded recitation ako? Normally, I don't entertain questions like these, but sige, pagbigyan kita this once. Haha but following Art. 723 of the Civil Code, it may arguably be copyright infringement. Cyber libel is questionable though, I don't see anything in your facts that is libelous.
Good afternoon, Atty! Clarification po as to joint authorship. Can two juridical persons enter into joint authorship? Example is a contract between two entities to engage into an activity which involves writing a history book. If yes, to whom does the copyright belongs to, sa juridical persons po or sa natural persons parin for each entity? Also, dapat po ba each co-author in the joint authorship must have a contribution that is copyrightable itself? Or pwede po bang budget lang for writing and research yung isa then yung kabila is yung magpoprovide ng authors? Any insight po will be greatly appreciated. Thank you, Atty!
Hello, As a general rule, the copyright belongs to the author of the work, who must be a natural person, because a juridical person cannot create literary works without a natural person. However, a juridical person may own a copyright if it has been transferred or assigned to it by a natural person or any other previous holder of the copyright. Moreover, in case a work is made upon commission from a juridical person, then the general rule is that the author owns the copyright while the person who commissioned the work owns the work itself, as follows: "178.4. In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary" (Sec. 178, RA8293, as amended). Nevertheless, there may be an arrangement where the author may transfer the copyright to the person who commissioned the work. As to joint authorship, the following is the rule: "178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created" (Sec. 178, RA8293, as amended). Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Hello po Atty. Javier. Meron po sana akong question. Paano po sir kung may magnakaw po ng aking kanta at i popost nila ito sa RUclips. Pwede ko po ba itong matakedown kahit wala pang license ang aking kanta or kailangan ko pabang maglicense para matakedown ito?... Sana poy mabasa nyo ito hehehe... New subscriber here po.
Hindi po kailangan na may license ka, pero kailangan mo patunayan na ikaw talaga ang original na may-akda. Off the top of my head, ang easiest way to prove na ikaw ang true creator is the fact of publication. Kailangan maipakita mo na nai-publish mo ito somewhere: youtube, Facebook, o kung saan man. Otherwise, baka medyo mahirapan ka. Kung nais nyo po mag consult, maaari kayo mag set ng online meeting para sa paid consultation sa amin. Salamat po.
Hello po Atty. javier. May question po ako, ano po ang mas okay, appy for copyright for my digital art or apply trademark for the brand name that I use? Thank you po.
Hi, do both. They cover different rights. You may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
As of now, and as far as I am aware, none yet. Will still fall under the regular rules of intellectual property law on plagiarism and infringement, subject to fair use
Hello. As stated in the video, you simply have to deposit a copy in the National Library. See the following links for more information: web.nlp.gov.ph/nlp/sites/default/files/11Feb2021/public%20advisory%20no.%20jet-01%20s2021.pdf web.nlp.gov.ph/nlp/?q=node/646 www.ipophil.gov.ph/deposit/ If you would like to inquire about the rates for legal assistance, you may send an email to attypaolojavier@gmail.com during office hours. Thank you.
Good day po Attorney. Thank you for sharing po, Ask ko lang po paano pag binenta ng hindi ko alam ang thesis ko (not published)? Pasok po ba ito dito? If yes po, ano po mga possible violation & penalties? Thank you 🙏🏻
Hello. Mukhang ang pangunahing remedy nyo po ay administrative at mag file nalang po kayo ng complaint sa school ninyo. Hindi ko po alam penalties ng school nyo. Pero kung gusto nyo pa explore further ano ang mga civil remedies and possibility of damages (pecuniary recompense, not the actual harm or injury suffered), then I suggest mag hire po kayo ng abogado, mag request ng paid online consultation, o kung wala pong budget, magpatungo sa pinakamalapit na Public Attorney's Office sa lugar ninyo. Salamat po
Hello Atty. how to copyright a computer program? like for example for mobile applications, is the whole code package needed for registration? or parts of the code only? if yes, what specific part of the code is needed for registration?
Atty. whats the difference po if you're a registered under copyright and not registered, since copyright protection is automatic from its moment of protection?
For your first question/comment, I answered that in the video. Deposit a copy with the national library, or you can go to the website of the Intellectual property office of the Philippines for more details. It's ipophl.gov.ph. For the second question/comment, I also answered that in the video. Watch it again 😊 For your third question/comment/request, I don't think so. Maybe I'll consider it in the distant future. Thank you
I'm selling beats or instrumental tracks po Atty., and there is an agreement if ever I sold my track to someone (artist) na they will have the full rights sa track since they are the new owner of it. How can I transfer my rights to them since published na po yung track ko online?
Hi, this can just be subject of an ordinary contract then have it notarized. Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
I generally refrain from commenting on ongoing cases because that is best left to the deciding tribunal; but I will cite SEC. 185 of the Intellectual Property Code, as amended: "SEC. 185. Fair Use of a Copyrighted Work. - 185.1. the fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. X x x."
Hi po Atty. Quick question lang po sana, Legal po ba sa Pilipinas ang paglagay sa T-shirts nang quotes and statements nang mga popular personalities na narinig ko sa mga Social Media sites like RUclips and FB? Kung sakali, pwede ko rin po ba ibenta ang ganitong mga T-shirts? Thanks in advance po.
Hello, kung galing po sa kanila ang quote, intellectual property nila iyon. Mas maganda po na magpaalam muna kayo sa kanila bago nyo pagkakitaan. Kung may tanong pa kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours para malaman ang rates at iba pang mga detalye. Salamat po
Atty. pwede po mag tanong regarding public photography and videography. Is there any chance na for example may nasama ako na mga tao sa vlog ko is may pananagutan po ba ako incase na mag sue sila if I am in a public place?
Best if you blur their faces. If you have more questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
Nako, hindi ko po masasagot yan dito. Depende po yan sa abogado na kakausapin nyo at sa hirap ng kaso nyo. Kaya mabuti po kausapin nyo po personally ang gusto nyo po i-hire. Salamat po
Hello po Atty. I love your videos and how you explain po the materials. I just have a question po because my friend owns a small show and she sells her drawings and sketches in planner form, mga posters po ganun. Can she copyright daw po fan art? What if those fanarts contain the face of a Kpop idol can she still copy right it? thank you poo!!
Hello, this is actually quite a complicated area, and it is best that you hire a lawyer if you get into trouble, as the rights and Liabilities may differ on a case to case basis. That said, generally, yes, your work of art is copyrightable. Just take care, especially where the sale of the work begins to reach noticeable levels of profit, then the model might want to get in on the action, and that is when they will most likely bring up other attribution issues. Although to be clear, you cannot copyright your own face. It is the work reproducing your face that is subject of the copyright. They will most likely want to receive something for using their likeness in case you receive huge amounts of profit, as contrasted with single transactions which can be passed off as homages which may even flatter them.
God day po attorny.need ko sana ng advice sa kaso.hndi ko kasi afford kumuha ng private attorny.ang manager ko kasi muntik ako mahalay a kwarto nya kasi may sasabihin lng daw sya kaya po lumapit ako sa kanya.mas ok po ba kun mkipag ariglo nlang ako kay sa kasuhan kpa sya sana po mapansin massages ko slamt po
Nako, mahirap po yang sinabi nyo na hindi mo afford mag-hire ng Private attorney. Hindi ko rin po kaya gumawa ng desisyon para sa inyo kung mag kaso o mag areglo. Desisyon nyo po iyan. Pero kung mag kaso kayo, mas mabuti po na mag-hire kayo ng abogado. Pwede nyo rin po subukan kung qualified kayo sa Public Attorney's Office. Salamat.
@@AttyJavierLawVlog slamat po atty..sa advice...pinag ìinitan kasi akonsa work ehh kasi alam nya napahiya na sya pero pilit kami pinag aayos ng boss namin cgro para walang gulo mkipag ariglo nlang siguro ako at mag resegn nlang ako a work para matahimil nalang ang buhay salamt po ng marami🙏🙏🙏🙏
Nako, eh di parang nagpatalo ka. Desisyon mo parin yan, pero maaari ka naman pumunta sa NLRC para magsampa ng reklamo, tutulungan ka naman nila doon. Pwede din sa Public Attorney's Office.
Hello po, Sir Ano po ang ibig sabihin nito: You can have the ownership and copyright of the book that you are going to write and we only have the exclusive right to the book that you sign to us. Nalito po ako sa pagkakaiba ng ownership, copyright, and exclusive rights dito. Ayaw kong pumirma ng contract na di siya malinaw para sa akin. Salamat po. 😀😀😀😀😀
Hello. Na-explain ko naman yan sa mga video ah. Ang copyright gives certain rights, and kung ikaw author, unless ilipat mo sa iba yan, then sayo parin mga rights na yun. Kasama sa rights na yun ang pag publish ng mga copies at pagbenta nito. Madami pa iba rights, di ko na list dito kasi na explain ko naman na sa video. Yung physical copy ng libro naman mismo, ang owner nun ay kung sino bumili o naka-receive nun. Yan na short version. Hindi ko na po nga dapat ulitin pa, kasi na-explain ko naman sa video and hindi po ako personal tutor, unless i-hire nyo po ako. Kung may tanong pa po kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours. Salamat po.
@@AttyJavierLawVlog Salamat po ng marami. Gusto ko lang pong makasiguro. 😄😄😄 Mahirap ng magsisi sa huli. Malaki pong tulong tong ginagawa mo Atty. ❤️❤️❤️
Hello. Pasensya na po, at hindi ko po kayo mapagbibigyan. Una po, hindi po ito pangunahing trabaho ko. Ito po ay mga video na ginawa ko para sa mga studyante ko, at wala po ako obligasyon isa-publiko. Naisip ko lang po isa-publiko para makatulong sa ibang mga studyante sa Pilipinas na nahihirapan sa online learning ngayong pandemic. Mahirap na po hanapan ng oras gumawa ng hiwalay na video na tagalog, dahil po unos ang oras ko sa pangunahing trabaho ko bilang abogado. Pangalawa, nasa Inggles po ang lectures ko kasi para sa mga studyante ito. Ang pag-aaral nila ay nasa Inggles dahil ang batas ay nasa Inggles, at ang mga exam nila sa school, sa board, at sa Bar, ay nasa Inggles din. Kaya mas makakatulong sa kanila kung Inggles din. Kung hindi parin po sapat ang paliwanag na ito, maaari naman po na hindi kayo manood, at wala po pumipilit sa inyo. Nawa'y pagpalain nalang po kayo. Maraming salamat po.
Dear Atty. Javier: Thank you very much for sharing your wisdom. Keep up the good work and God bless.
1:25 COPYRIGHT
2:04 PEARL & DEAN VS SM
2:33 3:11 PEARL & DEAN VS SM
4:23 WHAT SM SHLD HAVE DONE WAS REPRINT THEN THAT IS COPYRIGHT INFRINGEMENT
4:35 PEARL WOULD HAVE SUCCEEDED IN THE INFRINGEMENT CASE; IF WHAT SM HAVE DONE IS TO REPRINT THE Tecnical DRAWING without PEARL CONSENT
Hi Attorney, good morning. Thank you for uploading this video. As an amateur composer, I had no idea that I am already protected by the copyright law once I had my works published. Thank goodness i was able to encounter this video.
Hello, yes, while you are protected, it is best if you take extra steps to strengthen such protection, such as publishing your work (so there is proof of date of composition) and, as a further step, registration with the Intellectual Property Office (just Google their site, you can find steps there).
@@AttyJavierLawVlog Speaking of published work, if you have the time you can listen to my composition, not sure if you are a fan of acoustic music though... It's called "Iyong-iyo": ruclips.net/video/BTbpuFGsxBE/видео.html I will be filling out the form as well hehehe. I just downloaded it an hour ago. Thank you again Attorney Javier 😊
Thank you so much for posting this publicly on youtubr even though its for your students only - its a big help to us.
Also thanks for answering questions about songs/songwriting/song composition / aong production etc
Copyright.
Based on what I deduced on thsod replies
" Song are already copyrighted once published, but if want - can be submitted to national library "
Thank you
Yes! As additional protection, it won't hurt to frequently publicize the song title together with the artist/band name so you create association. Tip for both legal and marketing purposes. Good luck!
12:04 RIGHTS ( u have to sate that the work…. in perpetuity
4:48 WHAT SHLD HAVE DONE BY P & D (w/c unfortunately not done by P&D)
How to register, own the publishing, copyrights & claim royalties for independent artist, writers, producer in the Philippines
www.ipophil.gov.ph/how-to-copyright/
@@AttyJavierLawVlog appreciated! Maraming salamat po! 🙏🏽
@@AttyJavierLawVlog How to collect & monitor royalties earnings po?
Depends on how you grant the copyright. Usually you determine that by contract. So generally, up to you, as the copyright owner/holder.
Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
10:47 LIFE; PROCEEDS,5% subdequent sale …
That was good atty javier
You are great
Hi po, saan po ba ako mag register ng copyright sa aking mga kanta?
Hello, as explained in the video, Registration is not necessary. You are protected from the moment of creation and/or publication.
However, for added protection, you may deposit a copy with the national library. Find more information here:
web.nlp.gov.ph/nlp/?q=node/646
@@AttyJavierLawVlog ehh paano po sir kung may magnakaw po ng aming kanta or tune at aangkinin nila yun? Kailangan ko pa bah i license ang aming kanta para maka claim kami ng copyright?
You have to prove that you are really the original author. You don't have to license your song to have a copyright. The copyright is already there. The purpose of a license is to authorize people to use the copyright and for you to earn and be credited with ownership.
If you wish to consult further, you may set up a paid consultation with us. Thank you
@@AttyJavierLawVlog ahh okay po. Thank you for your explanation. GODBLESS
Hello! Hope you can discuss what's happening in the case of SB19. They are constrained to use the group name. But Pablo (one of the members) was the sole composer/producer of their songs. and they did not renew their contract.
Hi, sorry, I don't know the factual circumstances of the case. Most likely, however, it will depend on the contractual agreement of the parties, which may have assigned rights over songs etc.
thank you for the reply @@AttyJavierLawVlog
Its me again po hehe.
I have a demo of a song. Its not a complete song but I uplaoded it to Soundcloud and most of them are 2 mins long so its a bit close to completion just not professionally complete in structure.
If I copyright that song then I added lyrics or add bridges or add additional parts.
Do I need to file for another copyright?
Its 200 plus 35 plus 35 plus shipping plus the CD with case or USB po kasi PER SONG. 😅
Thank you
Yeah, to protect the new creation.
Atty Javier about e-commerce law naman po sana, thank you!
Haha sige, I'll try to add it to the list. I'm still very busy with work, trying to find time to make new episodes. Thank you!
Atty about civil procedure on remedies po sana kc madali ko matandaan kapag kau ung nagsshare ng video lecture or blog… parang nagkkipagkwentuhan at may kwento na sample na actual kaya navvisulizw ko
Sige hanapan ko ng oras, pero di ko ma promise agad, pasensya na. Best efforts nalang.
So how do I copyright a original song in the Philippines?
You don't have to, because a copyright is protected from the moment of its creation; you have to prove you were the first author through its first publication. However, as additional security, you may deposit a copy in the national library. Should you have further questions or would like better protection, you may request a paid online consultation or engage the services of our firm by sending an email to attypaolojavier@gmail.com during office hours. Thank you
WHAT SHLD HAVE DONE BY
4:26 SM ENGAGED OTHER ENTITIES TO
4:30
ATTY. I have a recording of codal provisions, where should I registered it, in the National Library or in Bureau of Copyright?
Hi, as I mentioned in the video, a copyright is already protected from the moment of creation, and registration is not necessary for such protection. Nevertheless, registration is simply an added protection, and if you want the most protection, then deposit a copy in the National Library and have it registered with the IPO as well.
Should you have any questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates.
Thank you
@@AttyJavierLawVlog Thank you very much ATTY. Your response in every question in your channel is like gold...
Thank you for this very relevant info. Atty.
How about po yung Research, Thesis, Dissertation na sinabmit ng student sa library. Can we digitized it? and share to the patron/students/faculty cover to cover for educational purposes?
Hello, this is possible, as long as you retain the attribution to the author and other relevant data. Better also if you get consent.
@@AttyJavierLawVlog Thank you.
Good day po Attorney. I have a question po regarding IP. This is po the situation. I have a software that I have been using since 2020 and eventually reengineered it. Now I have a business partner, me as the Industrial Partner and I signed a contract last year around 3rd quarter with this paragraph included
(6.0. The Second Party acknowledges that, any and all future intellectual property rights, including but not limited to patents, copyrights and related rights and inventions that Second Party may create, invent, develop or discover arising from the performance and fulfillment of Second Party’s duties hereunder or during the term of this Agreement shall be the exclusive property of the Company and/or the Company's Client when applicable; and the Second Party hereby assigns all right, title, and interest in the same to the Company and/or the Company's Client when the latter so requires. Such future intellectual property rights are automatically licensed to the Company and/or the Company's Client, as the case may be, for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned by the Company and/or the Company's Client, as the case may be, without the Second Party’s prior written approval to a wholly-owned subsidiary or associates of the Company and/or the Company's Client, as the case may be.)
Today, we had a total misunderstanding and I opted to resign as her Industrial Partner. Now she is demanding me to turnover the softwares I had because she is pointing out about the Intellectual Property. and by the way attorney below is the job description of my signed contract.
As a Company Technical Advisor, you are expected to provide the following to the Company and its clients the following, but not limited to:
• Provide administrative and technical support and reviews of continuing company projects and its future plans and programs.
• Provide technical advice as well as expertise to systems development technical project groups.
• Coordinate technical activities amongst technicians, users, computer along with communication networks.
• Coordinate with other IT and digital service companies regarding the outsourcing of projects such as marketing, advertising, EA software development and other Information Technology projects.
• Strategically support the development of company business focusing on budget management, establishment of community via different networks and channels
• Keep track of the progress and the effectiveness of the strategy adopted and monitor competition by gathering current market information on pricing, products, new products, delivery schedules, merchandising techniques, etc.
• Recommend changes in products, service, and policy by evaluating results.
• Manages the promotion, selling and installation of EA (Expert Advisor) of the company to potential clients.
• Perform other tasks related as maybe required by the CEO or the Company
Thank you very much attorney hope to have a deeper enlightenment on this issue. Thank you.
Hi, wow, this is so long. Questions like these actually fall under a paid service, especially if there is studying of situational factors to be done.
You may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details.
Thank you
Hello good day po sir pwede ka po ba maningil ng royalties ng sarili mo kahit hindi naka register sa ipophil at walang lang license ang kanta example inupload lang sa youtube tapos sumikat tapos ginamit ng iba sa business yung sariling music mo pwede mo po ba sila singilin?
Generally, yes, basta mapatunayan nyo po na sa inyo po galing yan, and hindi nyo po ni-waive yung copyright nyo tulad halimbawa kung napublish under creative commons. Ang mahirap lang po diyan ay yung actual na pag singil kasi malamang gagastos kayo sa kaso kung ayaw nila magbayad.
hello atty.
good day. halilbawa po everytime na may nakikita akong paragraph sa isang book na binabasa ko and nagandahan ako sa nilalaman ng paragraph na yun and I upload it publicly online. Then I did upload again but this time a different paragraph on dissimilar page of that same book that I've been reading. Am I gonna get sued for that?
Only if you claim it is your intellectual creation. When you post something created by someone else, the least you should do is cite them. That's why you see "credits to (name)". It is not enough to say CTTO, you have to say their name. It is also best to get their permission to reproduce the work, if possible.
Thank u atty
Hello Atty, Can i ask about copyright isues regarding Campaign Jingle? Does it apply if the music will be played during Campaign? and who is liable?Thank you.
Hello,
The person who wishes to use the song/tune has to acquire the rights to use it, or at the very least, the consent of the author/songwriter. If it is used without consent, then it may be the proper subject of copyright Infringement.
Should you have additional questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours.
Thank you
If you write the audio visual for a brand, may right ba yung writer for copyright?
Copyrights are usually set forth in the contract prior to engagement and performance of the work. If not, then follow the rules on commissioned work, which I have already discussed.
If you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Hi Atty :) Hypothetical question since napunta sa usapang love letters.
Kunwari isa akong pakboi tapos nagcompose ako ng napakagandang love letter tapos sinend ko sa iba't ibang babae. Yung isang babae, nagustuhan, pinost nya screenshot ng love letter ko sa FB niya publicly without my consent. Dahil maganda, nagviral at nakarating sa iba pang mga babaeng pinagpadalhan ko pa. Then nagsipost din sila ng screenshot nila at out vengeance kasi nga nabuko ako at nag sanib pwersa sila. Since ako may copyright ng work, pwede ko sila idemanda for copyright infringement aside from cyber libel, right?
Hahahaha ako pa ang on deck ngayon? May graded recitation ako? Normally, I don't entertain questions like these, but sige, pagbigyan kita this once.
Haha but following Art. 723 of the Civil Code, it may arguably be copyright infringement. Cyber libel is questionable though, I don't see anything in your facts that is libelous.
@@AttyJavierLawVlog Hahahaha thanks. So sabi ko nga pwede pero sana wag niya to basahin baka magkademandahan hahaha.
Kksubscribe ko lng po atty . Pano po pla ang ggwin mo step . pag my nagfile sayo ng copyright claim ng software here on philippine . slmat po
Mukhang kailangan nyo maghanap and mag hire ng lawyer para madepensahan po kayo.
Good afternoon, Atty! Clarification po as to joint authorship. Can two juridical persons enter into joint authorship? Example is a contract between two entities to engage into an activity which involves writing a history book. If yes, to whom does the copyright belongs to, sa juridical persons po or sa natural persons parin for each entity?
Also, dapat po ba each co-author in the joint authorship must have a contribution that is copyrightable itself? Or pwede po bang budget lang for writing and research yung isa then yung kabila is yung magpoprovide ng authors?
Any insight po will be greatly appreciated. Thank you, Atty!
Hello,
As a general rule, the copyright belongs to the author of the work, who must be a natural person, because a juridical person cannot create literary works without a natural person. However, a juridical person may own a copyright if it has been transferred or assigned to it by a natural person or any other previous holder of the copyright.
Moreover, in case a work is made upon commission from a juridical person, then the general rule is that the author owns the copyright while the person who commissioned the work owns the work itself, as follows:
"178.4. In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary" (Sec. 178, RA8293, as amended).
Nevertheless, there may be an arrangement where the author may transfer the copyright to the person who commissioned the work.
As to joint authorship, the following is the rule:
"178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created" (Sec. 178, RA8293, as amended).
Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details.
Thank you
Hello po Atty. Javier. Meron po sana akong question. Paano po sir kung may magnakaw po ng aking kanta at i popost nila ito sa RUclips. Pwede ko po ba itong matakedown kahit wala pang license ang aking kanta or kailangan ko pabang maglicense para matakedown ito?... Sana poy mabasa nyo ito hehehe... New subscriber here po.
Hindi po kailangan na may license ka, pero kailangan mo patunayan na ikaw talaga ang original na may-akda. Off the top of my head, ang easiest way to prove na ikaw ang true creator is the fact of publication. Kailangan maipakita mo na nai-publish mo ito somewhere: youtube, Facebook, o kung saan man. Otherwise, baka medyo mahirapan ka.
Kung nais nyo po mag consult, maaari kayo mag set ng online meeting para sa paid consultation sa amin. Salamat po.
Hello po Atty. javier. May question po ako, ano po ang mas okay, appy for copyright for my digital art or apply trademark for the brand name that I use? Thank you po.
Hi, do both. They cover different rights. You may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
Is there a specific law po protecting graphic artists from the threats of AI
As of now, and as far as I am aware, none yet. Will still fall under the regular rules of intellectual property law on plagiarism and infringement, subject to fair use
@@AttyJavierLawVlog thank you so much po! 🤍
Hello po,Atty Javier. Question po, I am in the process of self publishing my book, how do I obtain copyright protection po?
Hello. As stated in the video, you simply have to deposit a copy in the National Library. See the following links for more information:
web.nlp.gov.ph/nlp/sites/default/files/11Feb2021/public%20advisory%20no.%20jet-01%20s2021.pdf
web.nlp.gov.ph/nlp/?q=node/646
www.ipophil.gov.ph/deposit/
If you would like to inquire about the rates for legal assistance, you may send an email to attypaolojavier@gmail.com during office hours.
Thank you.
Good day po Attorney. Thank you for sharing po, Ask ko lang po paano pag binenta ng hindi ko alam ang thesis ko (not published)? Pasok po ba ito dito? If yes po, ano po mga possible violation & penalties? Thank you 🙏🏻
Hello. Mukhang ang pangunahing remedy nyo po ay administrative at mag file nalang po kayo ng complaint sa school ninyo. Hindi ko po alam penalties ng school nyo.
Pero kung gusto nyo pa explore further ano ang mga civil remedies and possibility of damages (pecuniary recompense, not the actual harm or injury suffered), then I suggest mag hire po kayo ng abogado, mag request ng paid online consultation, o kung wala pong budget, magpatungo sa pinakamalapit na Public Attorney's Office sa lugar ninyo.
Salamat po
Hello Atty. how to copyright a computer program? like for example for mobile applications, is the whole code package needed for registration? or parts of the code only? if yes, what specific part of the code is needed for registration?
Atty. whats the difference po if you're a registered under copyright and not registered, since copyright protection is automatic from its moment of protection?
Hi Atty. can u also do a video on Technology Transfer/ Commercialization? thanks po. New Subscriber here😁
For your first question/comment, I answered that in the video. Deposit a copy with the national library, or you can go to the website of the Intellectual property office of the Philippines for more details. It's ipophl.gov.ph.
For the second question/comment, I also answered that in the video. Watch it again 😊
For your third question/comment/request, I don't think so. Maybe I'll consider it in the distant future. Thank you
I'm selling beats or instrumental tracks po Atty., and there is an agreement if ever I sold my track to someone (artist) na they will have the full rights sa track since they are the new owner of it. How can I transfer my rights to them since published na po yung track ko online?
Hi, this can just be subject of an ordinary contract then have it notarized. Should you have further questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours to inquire about the rates and other details. Thank you
Attorney what's your comment on the copyright infringement case filed by Raffy Tulfo In Action againts Attorney Libayan of Batasnatin?
I have no comment because I am not aware of, nor am I following the case.
@@AttyJavierLawVlog when a vlogger takes an excerpt of a TV program and makes commentaries about it. Is it consider a new content?
I generally refrain from commenting on ongoing cases because that is best left to the deciding tribunal; but I will cite SEC. 185 of the Intellectual Property Code, as amended:
"SEC. 185. Fair Use of a Copyrighted Work. - 185.1. the fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. X x x."
@@AttyJavierLawVlog Thanks for the information about fair use.
Hi po Atty. Quick question lang po sana, Legal po ba sa Pilipinas ang paglagay sa T-shirts nang quotes and statements nang mga popular personalities na narinig ko sa mga Social Media sites like RUclips and FB? Kung sakali, pwede ko rin po ba ibenta ang ganitong mga T-shirts? Thanks in advance po.
Hello, kung galing po sa kanila ang quote, intellectual property nila iyon. Mas maganda po na magpaalam muna kayo sa kanila bago nyo pagkakitaan.
Kung may tanong pa kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours para malaman ang rates at iba pang mga detalye. Salamat po
Atty. pwede po mag tanong regarding public photography and videography. Is there any chance na for example may nasama ako na mga tao sa vlog ko is may pananagutan po ba ako incase na mag sue sila if I am in a public place?
Best if you blur their faces. If you have more questions, you may request a paid online consultation by sending an email to attypaolojavier@gmail.com during office hours. Thank you
GOD DAY ATTY.ASK KO LNG SANA MAHAL PO BA PAG NAG HIRING NG PRIVATE ATTORNY..SLAMT GOD BLESS PO 🙏🙏🙏🙏
Nako, hindi ko po masasagot yan dito. Depende po yan sa abogado na kakausapin nyo at sa hirap ng kaso nyo. Kaya mabuti po kausapin nyo po personally ang gusto nyo po i-hire. Salamat po
@@AttyJavierLawVlog ok po slamt 🙏🙏
Ksma po b rito ung mga trial days ng nga program?
What do you mean?
@@AttyJavierLawVlog gumsmit k po ng computer software as trial . My kaso po b pag gumamit k non?
Wala po
@@AttyJavierLawVlog mrming slmat po atty
Paano po mag copywrite ng novel? Paano po ang process at magkano po? Salamat po kung masasagot.
Hi, I explained that in the video. You can take additional Protection here: www.ipophil.gov.ph/deposit/
Salamat po.
Hello po Atty. I love your videos and how you explain po the materials.
I just have a question po because my friend owns a small show and she sells her drawings and sketches in planner form, mga posters po ganun.
Can she copyright daw po fan art? What if those fanarts contain the face of a Kpop idol can she still copy right it?
thank you poo!!
Hello, this is actually quite a complicated area, and it is best that you hire a lawyer if you get into trouble, as the rights and Liabilities may differ on a case to case basis. That said, generally, yes, your work of art is copyrightable. Just take care, especially where the sale of the work begins to reach noticeable levels of profit, then the model might want to get in on the action, and that is when they will most likely bring up other attribution issues. Although to be clear, you cannot copyright your own face. It is the work reproducing your face that is subject of the copyright. They will most likely want to receive something for using their likeness in case you receive huge amounts of profit, as contrasted with single transactions which can be passed off as homages which may even flatter them.
@@AttyJavierLawVlog thank you so muuuch pooo!!!! Stay safe and healthy po
Atty, yung script puede ifile for copyright?
Yes
mga available clipart po sa canva kapag ginamit for logo, maka copyright po ba ako?
Yung final design, posible po, pero yung Clipart itself, hindi po.
God day po attorny.need ko sana ng advice sa kaso.hndi ko kasi afford kumuha ng private attorny.ang manager ko kasi muntik ako mahalay a kwarto nya kasi may sasabihin lng daw sya kaya po lumapit ako sa kanya.mas ok po ba kun mkipag ariglo nlang ako kay sa kasuhan kpa sya sana po mapansin massages ko slamt po
Nako, mahirap po yang sinabi nyo na hindi mo afford mag-hire ng Private attorney. Hindi ko rin po kaya gumawa ng desisyon para sa inyo kung mag kaso o mag areglo. Desisyon nyo po iyan. Pero kung mag kaso kayo, mas mabuti po na mag-hire kayo ng abogado. Pwede nyo rin po subukan kung qualified kayo sa Public Attorney's Office. Salamat.
@@AttyJavierLawVlog slamat po atty..sa advice...pinag ìinitan kasi akonsa work ehh kasi alam nya napahiya na sya pero pilit kami pinag aayos ng boss namin cgro para walang gulo mkipag ariglo nlang siguro ako at mag resegn nlang ako a work para matahimil nalang ang buhay salamt po ng marami🙏🙏🙏🙏
Nako, eh di parang nagpatalo ka. Desisyon mo parin yan, pero maaari ka naman pumunta sa NLRC para magsampa ng reklamo, tutulungan ka naman nila doon. Pwede din sa Public Attorney's Office.
@@AttyJavierLawVlog maraming slamt po ng marami subukan ko nalang po pumunta sa PAO baka sakali may tumulong sakin.🙏🙏🙏
Minsan lang po ba ang pagbayad ng copyright?
Tuwing mag earn lang po ito ng royalties, katulad kunwari kung pinanood. Kung hindi pinanood, eh di wala pong kita. Salamat po.
Pwede po ba Atty mapa copyright Ang audio recording?
Yes
@@AttyJavierLawVlog thanks atty....
5:17 DERIVATIVE WORKS
20:16
Hello po, Sir
Ano po ang ibig sabihin nito:
You can have the ownership and copyright of the book that you are going to write and we only have the exclusive right to the book that you sign to us.
Nalito po ako sa pagkakaiba ng ownership, copyright, and exclusive rights dito. Ayaw kong pumirma ng contract na di siya malinaw para sa akin.
Salamat po. 😀😀😀😀😀
Hello. Na-explain ko naman yan sa mga video ah. Ang copyright gives certain rights, and kung ikaw author, unless ilipat mo sa iba yan, then sayo parin mga rights na yun. Kasama sa rights na yun ang pag publish ng mga copies at pagbenta nito. Madami pa iba rights, di ko na list dito kasi na explain ko naman na sa video. Yung physical copy ng libro naman mismo, ang owner nun ay kung sino bumili o naka-receive nun. Yan na short version. Hindi ko na po nga dapat ulitin pa, kasi na-explain ko naman sa video and hindi po ako personal tutor, unless i-hire nyo po ako. Kung may tanong pa po kayo, maaari kayo mag request ng paid online consultation, magpadala lamang ng email sa attypaolojavier@gmail.com during office hours. Salamat po.
@@AttyJavierLawVlog Salamat po ng marami. Gusto ko lang pong makasiguro. 😄😄😄 Mahirap ng magsisi sa huli. Malaki pong tulong tong ginagawa mo Atty. ❤️❤️❤️
tagalog naman ser
Hello. Pasensya na po, at hindi ko po kayo mapagbibigyan.
Una po, hindi po ito pangunahing trabaho ko. Ito po ay mga video na ginawa ko para sa mga studyante ko, at wala po ako obligasyon isa-publiko. Naisip ko lang po isa-publiko para makatulong sa ibang mga studyante sa Pilipinas na nahihirapan sa online learning ngayong pandemic. Mahirap na po hanapan ng oras gumawa ng hiwalay na video na tagalog, dahil po unos ang oras ko sa pangunahing trabaho ko bilang abogado.
Pangalawa, nasa Inggles po ang lectures ko kasi para sa mga studyante ito. Ang pag-aaral nila ay nasa Inggles dahil ang batas ay nasa Inggles, at ang mga exam nila sa school, sa board, at sa Bar, ay nasa Inggles din. Kaya mas makakatulong sa kanila kung Inggles din.
Kung hindi parin po sapat ang paliwanag na ito, maaari naman po na hindi kayo manood, at wala po pumipilit sa inyo. Nawa'y pagpalain nalang po kayo. Maraming salamat po.
Well said, attorney.