Report of a case of bronchopneumonia without cough secondary to influenza: notes on legal compliance of republication
SPMC J Health Care Serv. 2017;3(1):6. ARK: https://n2t.net/ark:/76951/jhcs9we7c8
1Commission on Human Rights XI, Trinity II Bldg 8 Quimpo Blvd, Ecoland, Davao City, Philippines
Correspondence Michael John Timajo,
michaeljohnt04@gmail.com
Received 19 June 2017
Accepted 27 June 2017
Cite as Timajo MJ. Report of a case of bronchopneumonia without cough secondary to influenza: notes on legal compliance of republication. SPMC J Health Care Serv. 2017;3(1):6. https://n2t.net/ark:/76951/jhcs9we7c8
The republication of this material sufficiently complies with Republic Act No. 8293, or the Intellectual Property Code of the Philippines,1 and other rules on intellectual creation. Below is a summary of repealed and current laws in the Philippines that are relevant to the legal compliance of this republication.
The Spanish Copyright Law of January 10, 18792 was the first known copyright law in the
Philippines. Copyright then was viewed as a property right governed by civil law. When Spain
ceded the Philippines to the United States of America in 1898, the US Copyright Law, which
protected the author’s ownership of copyright, became applicable.
Largely based on US Copyright Law, Act No. 3134, otherwise known as “An Act to Protect
Intellectual Property,” was passed on March 6, 1924.3 This was the first copyright law enacted
by then Philippine Legislature. It required a formality procedure, by way of registration and
deposit of intellectual works to the Philippine Library and Museum, for a copyright grant.4
Presidential Decree No. 49, which took effect on December 15, 1972, vested copyright
upon the creator of the work “from the moment of (its) creation.”4 The registration and
deposit formality requirement of Act No. 3134 was therefore set aside by this law.
When the Internet made it easy for anyone to copy, reproduce and/or sell literary and
artistic creations for financial gain or otherwise, Philippine Congress enacted RA No. 8293,1
or the Intellectual Property Code of the Philippines, on January 1, 1998. This new and
prevailing law recognizes the need to legally protect creators from intellectual piracy. The noformality clause of Presidential Decree No. 49—or copyright protection on the work from the
moment of its creation—was adopted.2
Accordingly, this republication recognizes the author and his heirs’ statutory
copyright—both economic right and moral right—over his work from the moment of its
creation, during his lifetime, and fifty years after his death.
The republication of his work is compatible with fair use principle and attribution, without
any adverse effect on its existing and future value or use.
Article source
Commissioned
Peer review
Internal
Competing interests
None declared
Access and license
This is an Open Access article licensed under the Creative Commons AttributionNonCommercial 4.0 International License, which allows others to share and adapt the work, provided that derivative works bear appropriate citation to this original work and are not used for commercial purposes. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc/4.0/
References
1. Republic of the Philippines. An act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes, Republic Act No. 8293 (6 June 1997).
2. Lim CL. The development of Philippine Copyright Law. Ateneo LJ. 2001;46(2):368-393.
3. Philippine Islands. An Act to protect intellectual property, Act No. 3134 (6 March 1924).
4. Republic of the Philippines. Decree on the protection of intellectual property, Presidential Decree No. 49 (14 November 1972).
Copyright © 2017 MJ Timajo.
Published
July 18, 2017
Issue
Volume 3 Issue 1 (2017)
Section
Republication
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