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Legal HD Episode 64 - Intellectual Property Code

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[Applause]

Filipinos are known for being creative

and Innovative often times inventing new

ways and items to improve their quality

of life which is why the government

created and enacted ra

8293 or the intellectual property code

of the [Applause]

[Applause]

Philippines a work is protected from the

the government has recognized the

importance of acknowledging the rights

of persons such as scientists

scientists

inventors and artists to intellectual

rights as it is vital to the development

of domestic and creative

activity attracts foreign investors and

ensures Market access for our [Applause]

[Applause] [Music]

First for [Music]

own however many still have limited

knowledge on the intellectual property

code and there are even some who are in

the business of infringing the rights of

these inventors and

artists with this in mind what does the

intellectual property code State about

protecting the rights of those who have

applied for it what acts are considered

as violations of the intellectual

property code what agencies are in

charge of implementing the intellectual property

property [Music]

[Music] [Applause]

code good evening you're watching legal

help desk on the solar News Channel this

show is about making the law work for

you by giving legal advice on topics

that matter to you I'm attorney Karen

himo and I'm attorney Rod neeno tonight

we will discuss your legal rights on the

intellectual property code what you need

to know about copyrights patents and

trademarks and what you need to do to

protect your ideas and items that fall

under intellectual property our guests

for tonight are attorney Rod Vera of the

Vera and Associates Law Office and

attorney Bayan loste of the forun nvasa

Salazar law good evening and thank you

for being with us tonight

evening thank you for having us thank

you good evening yeah so this is a this

is one of the more interesting topics

for at least for me uh this was my the

topic in my my thesis when I was in law

school before know when it comes to tra

Mark infringement and La now it's it's

very relevant because you know we heard

about you know that the story of that

student who who plagiarizing his his his

works or par copyrighted works and we

also heard about this digital media

portal using photographs uh of student

who won an

award photo contest wherein he used someone

someone

else and um also we always see raids of

fake Goods F DVDs and yet people still

keep buying so I guess that's one aspect

that we have to clarify here how serious

are the penalties and what acts are

considered as violations yes so first

let's begin by first understanding yeah

maybe defining the three no copyrights

patents and trademarks uh R you want to

okay um intellectual property it's a

branch of law that protects ideas M and

uh as a as part of or as a result of

human creation

uh we have three what they call branches

of Ip law there's copyrights patents and

trademarks it can easily be

differentiated by the the concept of the

idea if the idea is Artistic or literary

in nature and it falls under copyright

if the idea tends to have a utility

where there's a use for it then it will

come under the purview of patents if the

idea is regarding a a logo or a business

name or or a brand then it falls under

Trade and each of the three branches

have their own uh um limitations and

what can be or cannot be either a

attorney vera for it to be clearer to

our viewers out there maybe you can give

examples so for instance if you're a

business person and you start making

shirts that has the similar logo of a

brand for instance you have an alligator

there so there's a famous brand that

uses alligators what kind of of

infringement is that well that would be

uh trademark infringement because if

that uh animal would be confusingly

similar to the famous uh the brand the

brand then the owner of that Famous

Brand can file a case of trademark

invention against that person who is uh

printing those similar shirts so fake

bags fake

shoes copies that's trademark infring

because it tends to cannibalize the

sales dilutes it dilutes the brand the

original brand so the the the the major

brand would then uh lose its its value

people would think that buying the fake

product it's inferior and then that

inferiority will be then tagged to the

to the original brand what about

example it comes to copy I want to add

on the trademark in there's a there's a

new case it's a Levis case was a release

last year live jeam and then um the

court the Supreme Court said that

there's no infringement apparent they're

trying to say that um for those

small companies who make sure that they

they let the people know that they're

not the actual source of the original

brand then there they can be let off the

the hook so so for for Levis this

particular um shop in in I think it's in

Manila they produce this U jeans with

Levis you know the the logo the logo not

only the do it's the NIT they're trying

to reproduce the NIT and then apparently

um aside from the NIT they put there the

source of the the the genes so so they

said that no you're excused because

you're actually saying that it is not

coming from devis you're coming from

this particular local uh company so but

this was here in Philippines but the

logo was looked exactly the same yes but

they said that's a it's only for um it's

a Philippine Philippine company and then

they said that they're not in any way

connected with l

there was no there there was no uh I

guess intent or or maybe there there was

no blatant saying if you can show that

you're you're not trying to Source

yourself not trying to confuse other

people from from the foreign Brands then

that's an interesting uh decision

Supreme Court decision Supreme Court

decision year what about if you have

fake bags there are several bazars and

some of them closely like Lou Vuitton

Von u i t t o n Von so wrong spelling

can they say but this is not trademark infringement

because color yeah but they must show

exactly in the same product where it's

coming from yeah I think that's a lesson

from the devis case because there if

there's an intent to pass it

off uh then then that that's where the

deception lies and that's where the I

guess the penalties will will fall no

the Supreme Court the Supreme Court

called it post post sale confusion

meaning they knew they were buying jeans

that were not Levis hence no confusion

right so that's what they let's go

that's trademark that seems to be more

common cuz a lot of people they go to

tang and buy all of these there

imitation a imitation

B but let's say copyrights and

trademarks this is patents uh copyright

patent right yeah uh so copyright for

instance Kina uh it was mentioned the in

our previous start when they looked at

books and um our interview he was saying

that if it's for your personal use you

can copy portions but what if this is

famous in law school I I see this in my

classmates sometimes they get a copy of

a book borrow it from the library and

then photocopy the whole book have it

binded because it's cheap in our

University in up is that copyright infringement

infringement

massive if this massive yes it is it is

but if you borrow the book from the

library photocopy the whole book for use

the whole semester can you say it's for

my personal use I'm not infringing is

that copyright infringement um I would

say yes I would say yes it's really

massive and it's um and there's you're

actually removing the the proprietary

right of the the author from the from

the book yeah because in a way he should

have earned from from you one who's

copying he should have earned from you

bought the book there's there's um there

has been efforts to really um decreases

the the price or the value for

Publishers you know you the foreign

books they want it in paperb and then

you use uh cheaper cheaper paper or even

remove the make it less um not the hard

cover but paperback also so you know

efforts that they're trying to do to

make sure that um even for the students

for us students you even from law school

even would manage to they can afford the

the the price of these books I see right

now when it comes to patent we're just

clarifying the the three no copyright

patents and trademark so P patent it's

as you mentioned it's a unique idea on a

particular utility for example you

invent a car rack for example with a

unique design that that's where it falls

no now when it comes to software for

example software would it under uh

it fall under is copyright but if you if

there's a connection between the

software and the hardware it's so

integrated then it can be patented it

can be patented you must show the

connection between the software and the

hardware okay like mobile apps like

mobile apps for example mobile apps that

cannot function without the hardware

right so so there is unless in mobile

apps you can do what you can have um um

different kinds of um uh software or um

operating system then it's actually software

software

not here's another question what if you

copy the formula for food for a recipe

of someone else for instance you already

have someone selling um a pastry that's

their own recipe and then you copy that

recipe and then start selling it as well

is that a patent infringement or no no

that's you you the re it's not U it's

not yeah it's not copyrightable unless

it's part of a book or a a presentation

or say uh part of say I don't know a a

television show then it's uh the recipe

would be part of a a a copyright

copyrightable uh um uh product but if

it's just say a how how do you cook

adobo these are the steps of cooking

adobo these are the steps of cooking say

Vegan Luna these are the steps of say

cooking um

but how come you see sometimes like um

secret recipes or even people saying um

Max's fried chicken recipe is very it's

KFC has form right that secret is what

is that protected by okay that's secret

that's secret the owner of the the

intellectual property would decide oh I

won't I won't have this registered as

either as a formula or as a because it's

a trade secret it's a trade secret

that's why yeah so it's it's their

decision they they can't file for infringement

infringement

because so you have everyone else trying

to copy the flavor they try especially

the crispness of the the skin when they

cook it or say the taste of the beer

when they trying to right now attorney R

how do you okay you have copyright

trademarks and patents how do how does

one register for this I mean that's

that's that seems to be for a lot of

people we're coming up with these these

ideas they come up with really brilliant

ideas so the let's go by uh degree of

difficulty uh patents the when one

registers or tries to apply for a patent

the he has to go to a an application and

in that sense one has to uh put the

invention into words and diagrams and

that goes under a examination by the

intellectual property office okay so the

intellectual property office under uh

the department of trade yes the DTI and

it follows it it it sees where whether

the uh patent or the invention would

fall under the uh what they call

patentability whether it's uh it's new

it's has IND it's applicable IND

industry and it's uh it's well written

so that a person uh in the skilled in

the same art can reproduce it uh from

that diagram and make it work make it

work yes and uh that yeah that has a

20-year protection all right for

trademarks it is

one under goes another application with

the IPO off IPO and it looks whether

it's it's Unique in the sense that it's

not confusingly similar to another

trademark or to another internationally

famous trademark or sounds similar or

yes um now to copyright there

is the law says registration but our

Supreme Court has defined it as a

deposit because copyright as mentioned

earlier starts from the moment of prot

uh creation M so the protection for

right and in any government office it

starts from the moment of creation okay

and the law also says that it is

irrespective of the way it was formed

its mode of expression and also its

content it's the only thing you have to

prove is originality and and um the time

of creation there is the law provides

that you can deposit the art or literary

work with the IP office and you get a

certificate MH and that's one of the uh

proofs of ownership but not it's not

iron clut the Supreme Court has

determined that it's only primae which

can be rebutted can be rebutted all

right now we'll start answering

questions from our viewers we'll start

with Eduardo he's asking I opened a

company last 2011 and created its logo

to identify itself from my competitors

but it was not trademarked I found out

that a multinational company started

operations in the Philippines and has a

similar logo what would be the best way

to protect myself and my company

especially since the logo uh especially

since the logo which we conceptualized

or he Eduardo conceptualized it yeah

okay all right okay so uh it looks

like logo and there suddenly someone it

if depends if U the multinational

company is able to show that it's been

in use say in in U internationally or

it's well it's a well-known mark

um then it's a matter of say the company

saying that oh we've been trying to um

uh make sure that this is uh

commercially available throughout the

world and and now you're trying to copy

just because we're not here in the

Philippines you be but for Eduardo um a

good thing would be to if you even

before you start the company you have

three years to use it even before you

start your company M start um why don't

you register your mark immedi

and then even before your company uh has

been has been established then you can

assign it later on to your company once

you've established it anyway you have

three years to use that all right okay

now Sab uh Sab is asking there's a

digital art competition that requires me

to notarize my artwork for copyright

purposes what are the steps for applying

for a copyright and how much would it

cost me what should I apply for one or

where should I apply for one there are

two offices that handle copyright

registrations there's ation library and

there is the as of two years ago the IPO

or int office accepts copyright

registrations okay and I think there's a

a nominal fee it's I think under 500 I

think 250 pesos and uh the question is

why do I have to authorize because the

authorized in a sense yes what you are

swearing to is that the work that you're

trying to register as a copyright is

yours it's your original creation so in

case there's a an action or a suit based

on that you know that subjects the is

that a tedious process just for our

Televiewers uh actually it's not it's

not the National Library does accept and

it's not as studious because there's no

criteria for approval you have it's it's

basically just you have all the

requirements formal requirements and

once it's that's completed they give you

the certificate it's under oath so you

can be well you can go after pery when

you say that this is mine then there's

no examination as to whether it's art or

literary enough there's not as compared

to trademarks and patents for patents we

have to test whether it is what they

call part of prior art is it an old

invention is the Improvement uh or is it

part of an ordinary way of doing things

exactly so that's the examination

process which I said that's that there's

a difficulty or degree of difficulty

from patents trademarks to copyrights

okay okay and I guess later on I still

have a lot of questions about how

serious are the penalties considering

there's so many people again buying from

chungis using fake products so we'll ask

more on the intellectual property code

[Music]

did you know that even though you have

applied for the intellectual property

rights of a certain invention or

creation such as music

music

movies or literary works that all of

these have validity periods in the case

of copyrightable Works their validity

period are as follows literary works are

valid during the lifetime of the author

and for 50 years after his death applied

Arts are valid for 25 years from the

date of making the work photographic

Works last for 50 years from the

publication of the work and for

unpublished work 50 years from the date

of the making of the work for

audiovisual work 50 years from the date

of public ation and if unpublished from

the date of making the work sound

recording also lasts for 50 years from

the end of the year in which a recording

took place and for broadcast recording

20 years from the date the broadcast

took place for trademarked items

registration is valid for 10 years and

may be renewed for periods of 10 years

each while invention patents are valid

for 20 years from the filing of the date

application welcome back to legal help

desk and we still have with us attorney

Rod Vera of the Vera and Associates Law

Office and attorney bayani loste of the

fortun NASA Salazar Law Office yeah we

got we got a ton of questions I think

well well I think one you were talking

about first I'd like to pick up from the

protection cuz it our we were mentioning

the periods for instance that if you

publish a photograph it's 50 years from

the time you publish it meaning after 50

years your photograph may be used by

other people without infringing on the

right of the person who took the

photograph now I'm curious if you know

about happy birthday because it's been

it's a apparently a very controversial

song Someone CL someone claims that he

composed it and apparently every time

you sing Happy Birthday you're supposed

to pay royalties to this original like

the composer of this song and uh I don't

know if this is true but I heard that

even for movies that's why they avoid

singing it the way we sing it in

birthdays it's because they have to pay

royalties so maybe this is something

that you can expound on it is right as

of today that's the tune happy birthday

is owned by T

Warner and uh for movies and TV that is

why they avoid singing that because they

would avoid paying royalties uh as far

as I know if it's in a movie it's

upwards of $110,000 as a royalty fee

just to sing birthday why in movies and

TV if you notice they sing for he's a

jolly good fellow instead of happy

birthday um but the for a singing in a

birthday party and a private Affair that

will not be subject it's not fair use

it's exemption in the copyight law if

you if you perform it within a circle of

your family and friends uh then that's

that is uh allowed under the law if you

were to sing it in a commercial sense

then that's when time comes in and gives

you a a bill for the thanks for

clarifying attorney imagine people would

probably start avoiding singing happy

birthday at home but you can't see it in

yeah so at least he's clarified at home

you can sing it but not for movies T

like for commercial person there was a

soy sauce brand called happy birthday

Toyo what what what do you have to say

um well if that's the case my view with

that it's not copyright infringement

because the words yes that's why I said

it's the tune that is copyright the

words happy birthday it's the music not

the lyrics it's not the lyrics what

about playing movies so if you of course

at home you can watch movies and then

it's not infringement but then if you

start showing it to a group of people

for instance in a barang as a fundraiser

you show a movie and then you charge for

it because it's a fundraiser for a good

cause for instance is that infringement

the law allows uh a if it's for a

charitable purpose purpose then it it

may be allowed but if you're charging

for it the the charge then would be

under you're donating to the to the

charity Foundation rather than charging

for the viewing then that is going to be

allowed if you charge for the viewing

then that would be considered if you

charge just to for people to watch

movies then that's already infr even if

you say I'm just showing it from the

theater from my home theater No in fact

it's interesting you touched on that

because uh for a lot of people are putting

putting

establishments I used to work for a

retail company and it was during that

time that that Phils cap uh got

organized and basically if you have a

store and you're airing uh let's say

radio you're tapping on on radio and

you're airing uh music you're supposed

to pay particular royalty right can can

you expound on that um and what are the

penalties if you don't uh if you okay uh

philc does not charge penalties they

collect royalties royalties yeah that's

right so in a sense if you if the

establishment the restaurant or store

would play overhead music yeah and that

under the law is called a public

performance of the work performance yeah

and in the strict sense the owner of the

work would want you know a share or a

royalty for that that's why Phils capap

as an organization of uh I think

producers composers and artists they

baned together and as a collective

started going after this establishments

and earning what under the law are

royalties but under pain of uh well

under pain of under

uh well under P of a lawsuit and damages

right so but as penalties concerned the

copy IP code as uh Republic act 8293

allow there is Criminal penalties for

first offense second offense and third

offense and on the third offense it it

ranges from a six figure sum to jail

time so yes so there can be jailed out

and now we're on the topic of penalties

so attorney by is downloading

movies um or TV series or music and

putting it in your own iPod is that

infringement yes it is that's U corpor

right infringement yes because so many

people do that so many Filipinos do that

I think it's a matter of um um

enforcement it's a matter of say the

owners of these copyrights trying to

enforce their rights against say um the

IP um the internet service provider

right and then um and then users what

they're trying to do in in other

countries is to um bring it against the

internet service provider so they would

know if there are um download illegal

downloads right right so that's that's

how they control the the spread does it

fall under uh the intellectual property

code or would it fall under another law

if you were to put it under the

intellectual property code one of the

economic rights available to a copyright

owner is the right of reproduction m so

one can argue that when you download the

the music or movie you are making a copy

of that MH so if if you were to argue

the owner would say you by downloading

it you are make you take one copy from

The Source whether it be in Russia or in

America and when it it's in your

computer that it sense it's a copy

because there's a there's no physical

transfer of the of the song so one can

argue that that is in uh downloading

that sense is infringement but uh our

provide for uh uh downloading as a crime

under the e-commerce act the e-commerce

act under Section 33b uh downloading of

previously copyrighted material M allows

is uh we'll met you uh at least 3 years

M jail time and a fine of I think over

100,000 pesos wow very heavy so for our

viewers out there yes stop downloading

just buy the movies buy the music I

think that's the reason are several um

companies right now they're making it

more cheap for for um to validly or

legally downloaded um copyrightable

works like um songs movies series yes at

home we have one we have this brand

where you connect to your TV and we're

able to buy movies and TV series yeah

but the thing is now it it's becoming

for example if I have you know with 3G

and Wi-Fi available if I can play the

music without downloading it I just want

to be able to play

it uh right there and then and then I

have a Wi-Fi wi-fi speaker what then one

could call that a public performance oh

okay as long as you're within the uh

circle of family and friends then that

should be allowed but if you're if

you're going to plug your I uh your

smart smartphone device into a a party

then that you know there's a thin line

there that's an argument because it's if

it's streaming if it's streaming say

YouTube or other um Vio or

stre and is it actually infring when you

actually download the the the digitized

format to your phone or say to your TBL

not even downloading it's just it's just

streaming just streaming it so once that

streaming ends it's not in my phone

physically it's not in my phone so

so it would be a good test case AR an

argument that's an argument when just

streaming the the argument here comes

from the fact that intellectual property

rights are what they call Private rights

meaning it's up to the owner to enforce

the government cannot come in and arrest

the downloader or arrest the uh has to

be the private owner the owner has to

come to court or come to the government

offices and saying this person is

infringing it's infringing on my work

let's file let's all right get them

criminally or file case for damages all

right uh thanks uh we have a couple of

questions and this time we have a

question from Florence who asks does the

intellectual property code cover

plagiarism oh we were talking about that

earlier what would be the appropriate

case to file if a person is caught

committing plagiarism that uh very

controversial we had a Justice involved

in this before I yeah uh and a couple of

a senator a senator as

well how serious is plagiarism and is it

going to be punishable under the

intellectual property code uh plagiarism

in my view is a species of

reproduction and uh plagiarism in a

sense is not commercial in in nature but

nevertheless it is a form of

reproduction M now one has to look at

the use of that reproduction whether it

was done for profit or not but in a

strict sense reproduction substantial uh

portion of the work or even a minute

part yeah is without citing The Source

mhm is uh infringement whether it's uh

labeled as plagarism it will still under

in a strict sense nevertheless it it's

up to the author of that book to

complain in fact the that speech of that

Senator the the author of that speech

actually wrote and said hey you are

violating my copyright and but it's up

to that person to come here and but it

is a violation still of uh intellectual

property right yeah so yeah it's not the

government going going after no it has

to be the the owner we have a caller

from Alabang avin uh hello aan are you

there hello yes hi aan good evening good

evening um attorney

for taking my call yes thank you thank

you for calling what's your

question um one of one of theor

mentioned earlier about the copyright

protection starting from the moment of

creation yes so how do we Define the

moment of

creation what are the

acceptable evidence or modes of

expression for the moment of

creation uh

is the question clear yeah yeah because

if if I came up with it and I was in the

bathroom seeing it and then you know you

know I I I I read once that you know

what Paul McCarthy for example wrote the

song Yesterday in a dream and then he

then wa when he woke up just played it

and uh so but that was just his story

yes um especially since a lot of the

registration periods are from the moment

of creation so yes that's a very good

question how do you prove creation or

use is it use uh the moment of creation

you prove it by establishing what they

call a Tim stamp uh in today's

technology you can you can have uh

electronic uh uh ways of proving when it

was created so if you email very easy

for photographs because sometimes if you

it's in the settings of the camera it

the and properties but what about

writing paintings how can you prove the

date of creation or moment of creation

that's the Dilemma of uh of artists and

authors today but the this the

intellectual property code has uh cured

it in a sense that there's a provision

in the IP code that states that when

when a owner an author is suing a

defendant the infringer if the infringer

does not dispute the ownership of the

author then the copyright is then

presumed with the plaintiff or the owner

hence it's the defense is not whether

you have a copyright or not it's whether

my excuse or my sorry my use is excused

or not so in it's more of a defense more

defense yes uh if I if I were to to

somebody and say this is my book this is

my song If he says that's not your song

so it's up to that person to prove that

that song is not mine he has to prove

that his his so that it's it's it's it's

procedural but in today's age how do you

prove the time stamp

okay I hope we answered your question

aan thank you so much for calling all

right thank you so much aan and now

Roberto sent us this question I a

professional photographer and have

posted most of my work on my website as

reference for future clients a friend of

mine informed me that another

photographer used some of my photos and

claimed them as His he went as far as to

remove the watermark I always uh cut on

my work or put my work what should I

file against him can I also demand that

he put down the website since has been

using my photos to gain clients reminds

me of a a well not in a case but there

was this uh uh this thisa um situation

where a lot some people were complaining

about uh this digital media port using

before I inter interviewed for solar uh

yeah in News Cafe Manny Lio one of the

most famous photographers Filipino

photographers that's known

internationally and he showed us photos

that were being used online by other

people even on their websites not they

just removed the watermark so what can

this person Roberto and people like man

de BR file against people who use their

photographs it's a copyright

infringement and then you can ask the uh

website host to take down the the photos

MH um especially now if it's um if it's

um local local you can ask the the

website host to do that there's a

presumption that um all website hosts

when they have when they're online

they're they make an undertaking that

they're doing this for legal purposes so

if there's an illegal purpose for that

then you can ask the host to take it

down now if there if there is um if you

acknowledge the the owner for example if

you're a digital media portal you

acknowledge that this Photograph was uh

because there seems to be this mentality

for a lot of people that if something's

already been posted on social media it's

free for all free for all no yeah all

right so can you clarify uh on on that

uh attorney the law when when when they

say that when it's in social media it's

free uh the law calls the law terms that

as the art or the work being into public

domain right and the public domain is a

it's operation of law or it only becomes

public domain when the protection ceases

as we mentioned before that for cop it's

lifetime plus 50 years and so for

example uh the songs of John lenon yeah

he since he passed away 1980 yeah

there's a Basham in 2030

the half of the Beatle songs are public

domain public Dom but public domain is

only when you declare it as public

domain meaning you're giving up the

protection you're the Creator and you

said you say I'm waving my rights

exactly exactly so but when you put in

social media there is no waiver and as

we remember that the waiver must be uh

written it must be I think in our laws

it has been notorized so by put it in

social media that is not a waiver of the

rights okay that's a good question to

answer because some people have asked me

um what what is it fair for newspapers

or other media M media to use my photos

for instance Sometimes some especially

for some celebrities they would post

something on Instagram or Twitter with a

photo and then some either

newspapers yeah they use that photo and

say but they already posted it on

Instagram or Twitter so that's not that

still protected protect again it's up to

the owner to go after the person who

used it okay

protected it is protected but of course

if you don't do anything as the owner

yeah um yeah it's the same like any

crime if someone stole for you and you

don't file a case for theft against them

then the courts cannot do anything for

you but there is an exception if it's

for news reporting M uh the IP code

provides that if uh the photo is used uh

as a part of a news report as long as

the the author is credited as the source

yes then it's it's an exemption under

the copyright law okay that's a good

clarification we have another question

from aldus and he's asking I created an

App for a website what kind of contracts

or legal documents should I prepare and

have the developers sign to acquire full

ownership of the app including the codes

the license and

Etc that's your perview that's that's

your expertise any what contracts can

you um contracts are you going to

require the the host the developer yeah

it's it's a it's a recognition you have

to ask him to make sure that um the in

your NDA I'm sorry non nonclosure

agreement all the The Source codes the

the the numbers or the letters when you

encode your program the the site that

you're you have developed you've written

you have to ask the the website host to

sign a non-disclosure agreement so

that's one and then um a waiver of all

the rights against you by the by the

website host and then of course once if

it's a software you know it's

copyrightable then we have to deposit or

um register deposit it with the national

library and then the or the uh

intellectual property office so those

are the three things that you have to

really put down in in writing when you

have your own website that's a good

thing you mention that because I think

in relation to written work not website

related um that's also question for a

lot of people who work for either

newspapers or magazines or even online

websites they ask if I wrote an article

do I own the article or is it the

publication company or newspaper company

that owns it and I think the IP code has

usually they have notices yeah usually

they have notices especially if you're

uh if you read the the fine print legal

notice they'll tell you exactly what are

the terms that you're you have to work

on when are you going to to wave your

right are you going to uh wave your

um written article to say the website

host or to the news agency it has to be

clear it has to be clear I see all right

now we have uh our last question is uh

from Jose I design and create websites

for a living I have this one client whom

I designed for and refuse to release my

pay claiming that I didn't do a very

good job without going technical about

it they claim that the website doesn't

work but it's more of the problem with

the website host since they aren't

paying me for my services can I use the

intellectual property code against them

the company is based in the states can

our code be applicable there in the

strict sense it cannot be applicable if

you're uh if you're going after your IP

rights uh the US copyright law and the

Philippine copyright there are distinct

differences okay but uh for the he his

job is to design websites then we have

to know more facts because is he is he

working on under a commission and so if

that's the case then there must be uh

written stipulation what are the rights

without one the code the intellectual

property code says that in a commission

work the owner of the work is the one

who paid for it paid for it but the

the law provides a split in a sense all

right can you clarify that again so the

the the out the owner of the the owner

of the work is is the one who paid for

it yes and the but the copyright belongs

to the owner okay it can be to give an

analogy it's like when you buy a CD mm

you own the physical CD you can you own

the song you paid for it you paid for it

but the cop of the song belongs to the

artist meaning you can't

reproduce because I already own the Cann

from you can reproduce it because you're

allowed to make at least one copy on the

Lo uh but you cannot uh make money from

it because then you're depriving the

author so then so you see physically if

you bought CD for amount of pesos you

own that CD you can play the songs as

much as you want but the cop belongs to

this the the artist the composer and it

has to be clear right in the stipulate

when you enter into a contract who owns

what I I'll I'll for instance I'll make

this painting for you but it has to be

clear that uh if you reproduce this will

you be owning this or me okay yes so

that's a good tip for our viewers out

there make sure you read ask for a

contract and then read it carefully yeah

so very interesting very interesting

actually a ton more a ton more but we

can ask them after after we'll take

another short break but before that we'd

like to thank our guests attorney Rod

Vera and attorney bayani loste for

joining us this evening very much thank

you thank you so much thank for having

us yeah yeah so hope we can have you

again for legal help desk will return so

welcome back to legal help TS on the

solar News Channel yeah that was uh that

was quite an interesting topic because

it affects all of us you know there's a

lot there a lot of people I mean you go

around in that young G and sometimes you

don't even know if it's fake you know

yes and some things uh some of the very

important things that we learned today

one of course um you differences

don't get confused if you're copying for

instance the logo of a Famous

Brand restaurants that have been around

for a long time like talking about some

in a fast food chain like McDonald's big

map so if you are starting your own

business and then it has something to do

with burgers for instance you can't just

copy the logo or kamang of very famous

Brands already because you might be sued

for trademark infringement and for law

students out there or not just law

students any of the students out there

it's also infringement or illegal to

photocopy whole books like if you go to

the library and then photocopy the whole

book and use that for the whole semester

that's not allowed that is called

so I guess uh for for a lot of our uh

tel viwers no uh I think the what you

really need need to remember is that

when you're using something or buying

something or producing something that's

not yours not original work you have to

be really careful when it comes to that

because especially you know when you're

buying fake fake Goods that that that

makes that could potentially make you

liable uh not just the ones uh

reproducing and the ones who are

producing these fake Goods no cuz you're

you're becoming part of the system and

sometimes there are raids that are

happening so I think what's what's

important uh to to to Really keep in

mind is that you know God gave us all I

guess the the power to create and so

therefore the more original you are uh

the the safer you you'll be so I think

that's that's the that's the rule that

we to follow pay for talent what I'm

saying is that you know like for

instance the music and movie industry uh

they're both suffering because of a lot

of people prefer to download instead of

or buy pirated DVDs and CDs instead of

buying the original and you're

thinking I'm saving a lot of money by

not buying the original but actually

you're depriving the people who really

worked hard for this the income that

they deserve so that's quite that's kind

of stealing that's why this whole law

is actually when you're driving income

from people who worked hard for it or

who thought about it and really it's

their talent that came out with this

creation then that's also stealing so

for people out there don't don't

download illegally you can buy from some

I can't mention the brands but there are

SE several cheap sources where you can

buy all of these songs movies and also

don't buy fake fake bags fake shoes

because then it's also you might be

involved in it or it's they can also be

confiscated yeah it's not just a legal

uh aspect to it there's also a moral

aspect to it sometimes we want to keep

up with the Joneses we want to have you

know as you mentioned a Louis Vuitton or

a Chanel bag and you want it and you

know and you want it uh to be beside you

and and and even if it's not real so um

you have to there there's a moral aspect

to it also not just a legal aspect to it

now we we shouldn't be doing that if you

can't afford the original one or the

real one then just just buy what what

you can afford right I mean exactly and

just to add quickly L you know there are

some countries now that in the airport

if they catch you carrying one of those

fake bags with the fake uh I mean

copying famous Brands you can get uh

your bags confiscated yeah oh yeah so

you have to be really careful so and it

could be very embarrassing yes right so

so there so again be original you're

creative and if you can't for the the

original one buy a cheaper

version not not the fake not the fake

one not the fake one now all right this

is the part man where we read and answer

questions sent To Us by our viewers via

social media uh last mon Monday we

received a lot of questions regarding

real estate laws let's start with anelo

and uh and he says I'm an OFW who

recently bought a townhouse under the

pig housing loan after living here for

uh 2 years so many problem 2 months so

many pro uh problems started to show up

like with the plumbing the septic tank

the ceiling Etc though the house is

still under warranty I think the house

is substandard can I get my money back I

think from from uh I think with our

discussion with our discussion earlier

it depends if he can prove that the

house is really

substandard and it's evidentiary also

the warranty it really depends on their

contract because there are some Express

warranties meaning if it's in their

contract and the owner the original

seller was guaranteeing that there's no

problem with the plumbing then he can go

after the seller and say that we have to

resend or meaning in you cancel the

contract and you can get your money back

but then if can be sh if it can be shown

that there were no such warranties and

it's really more of the wear and tear

and the age of the house that cost all

of these problems then you might not be

able to get your money back but the

important thing is first review your

contract so you know what your rights

are and then second assess uh what

really was what caused the problems

although in this case two months palang

so I I would I would imagine but we

don't know the age of the house before

it was sold to yeah so that that's also

no that's also a factor no so if it was

brand new then I guess yes you can go

after it no go after and file a case all

right we have another question from den

and he's asking for delayed occupancy

can that be a ground for cancellation of

the contract and to get a refund this is

a pre-old condo unit with more than a

year of

delay well you mean by delayed occupancy

meaning they delayed I think that the

what he means is the developer delayed

the the the occupancy or the or allowing

allowing the buyers to occupy they

weren't allowed to to occupy so yeah

that's a that's a breach of contract

yeah one important thing of yes exactly

if they promis that the unit will be

delivered at a certain date then it can

be considered a substantial breach of

the contract and then he can cancel the

contract of sale and then get his money

back right so we have also received some

feedback from our viewers such as Virgie

who posted this on our Facebook page so

happy to view your program on TV I found

it very educational especially when you

discuss legal matters and real

properties your program is of big help

to us with little knowledge of real

estate law that's very sweet thank you

so much Virgie and another one Chris

comment Ed as well saying this is one

show which is very sensible and

informative it gives us an opportunity

to learn and understand the legal

aspects pertaining to pertinent

procedures with respect to acquisition

buying and selling of real properties it

gives a very good understanding on how a

buyer does not get trapped into the

pitfalls of unscrupulous people more

power into to your show and I hope other

networks follow suit in providing

informative shows like legal heal desk

okay wow thank you very much for all

your uh wonderful comments and we we

promise you that we will continue and

strive harder to uh to make this show

really work for you yeah and I'm

motivated more now that you know when

when you hear that we're really helping

other people get access actually our

show today you know our advice the type

of advice we were giving especially when

um attorney Bay was already talking

about non-disclosure agreements those

are very expensive you have to pay

lawyers High fees for that and we're

giving it for fre

for free I hope our viewers take

advantage of that continue continue

watching so unfortunately that's all the

time that we have left for tonight we'd

like to thank our guests who were with

us earlier as well as our viewers who

sent us their questions on our topic for

tonight I'm attorney Rodney pomena and

I'm attorney Karen himo if you have any

questions regarding our topic for

tonight you may send them on Via our

Facebook and Twitter pages and um just

raise any questions and also if you have

comments about our show as well as those

who showed appreciation feel free to

send them to us join us again next

Monday as we talk about your your legal

rights good night [Music]

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Legal HD Episode 64 - Intellectual Property Code