Throughout history, humankind has always progressed at an extraordinary pace. With the introduction of modern communication devices such as computers and mobile phones, the world has entered the Age of Information. Life and economy, as we know it, became information-centered.
As we enter a new age of history, no one can accurately predict the next big thing for humankind – artificial intelligence; augmented reality; robotics. However, it is undeniable that whatever comes next, computers and its software will surely play an important role. Which is why countless software engineers are constantly developing a plethora of computer programs and applications that significantly impact our daily lives.
What kind of protection is given to computer programs?
In compliance with its treaty obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Philippines enacted Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, wherein the protections for intellectual property, specifically copyright, were strengthened.
It bears stressing that, similar to the provisions of the TRIPS, computer programs fall within the scope of copyright protection granted by the Intellectual Property Code. These computer programs are written in codes expressed through some form of medium (i.e. computer device) providing specific instructions to its medium to perform a specific task or function. In effect, a computer program is considered as “original intellectual creation in the literary and artistic domain which enjoy protection from its creation.”
Why register your copyright over your computer programs?
In ABS-CBN Corporation vs. Felipe Gozon, et al. citing Columbia Pictures Inc., vs. Court of Appeals, the Supreme Court clarified that registration is not required for copyright to subsist. However, there are certain benefits with registering copyright.
Upon registration of one’s copyright, the Intellectual Property Office (IPO) issues a Certificate of Copyright Registration and Deposit in the name of the copyright owner recording in a public document his ownership of the copyright on the work. In effect, the Certificate of Copyright Registration and Deposit serves as constructive notice to the entire world regarding the ownership of copyright. Furthermore, in the event of copyright infringement, the copyright owner has strong evidence of ownership over the subject copyright.
In a more practical sense, the registration of one’s copyright provides tremendous utility when transacting using the copyright. A copyright registration enables the owner of the copyright to license the use of the copyrighted work as well as to sell, assign, or transfer the copyright to another individual. In a way, a registered copyright allows ease of tracking and traceback of copyright ownership.
Who owns the copyright over the computer programs?
In general, the author of the literary and artistic work is the owner of the copyright. Thus, in case of computer programs, the person who wrote the lines of code generally owns the copyright.
However, issues arise when computer engineers work on a single program jointly or in the performance of their duties as employees. Fortunately, Section 178 of the Intellectual Property Code of the Philippines provides for the rules regarding the ownership of copyright, the relevant portions are simplified hereunder:
Joint Authorship: If a work has multiple creators (joint authorship), all the authors are considered co-owners of the copyright. If there’s no agreement between them, their rights are governed by the rules of co-ownership.
Separable Parts: For works with separable parts (i.e. the lines of code written are distinguishable from one another), the author of each part owns the copyright in their specific contribution.
Involving Employer – Employee Relationship: The ownership depends on whether the work is created within the scope of employment duties. If it’s not part of the employee’s regular job, they own the copyright. If it is part of their regular duties, (i.e. software developer employed to write codes for the company), the employer owns the copyright, unless there’s an agreement otherwise.
Someone reproduced the computer program I created. What should I do?
One key thing to look out for when it comes to reproduction of computer program is to determine the purpose of the copy or adaptation of the same. The reproduction of a computer program is necessary for its use in conjunction with a computer for the purpose and to the extent it was obtained and for archival and replacement in case of loss, destruction, or the original rendered as unusable (similar to a spare key of a lock).
Consequently, a reproduction of the computer program beyond the aforementioned conditions could potentially be an infringement on the copyright. While there may be exemptions or limitations on the copyright viz-a-viz the reproduction, it would be best to fully assess the incidents of the use and/or copying of the computer program to ensure that the original work painstakingly accomplished by the copyright owner are not used in violation of his rights.
How do I enforce my rights against persons who violate my copyright?
A copyright owner has two sets of rights protected by the Intellectual Property Code, namely: (1) moral rights and (2) economic rights. It is worth noting that these rights are likewise available to owner of copyright on computer programs. In case of infringement of these rights, the copyright owner (including his heirs, transferees, and assigns) has the following remedies:
- Restrain or prevent the infringer from violating the owner’s copyright.
- Compel the infringer to pay damages, including the profits resulting from the infringement
- Cause the impounding and/or destruction of materials related to the infringement of the copyright
- Demand credit be given to the copyright owner
The information provided on this blogpost is for informational purposes only and does not constitute legal advice. Refrain from acting based solely on the content of this blogpost without seeking legal advice from a legal practitioner. For specific legal concerns, we encourage you to consult with a lawyer.
