IPOPHL issues fair use rules for copyright law

The Intellectual Property Office of the Philippines (IPOPHL) has released the fair use guidelines for Filipino creatives, educators and innovators on intellectual property (IP) rights.

The statutory fair use guidelines were authored by the Bureau of Copyright and Related Rights (BCRR) to clarify the required conditions and limitations for specific acts to be considered as statutory fair use.

“Fair use is the bedrock of creativity. It allows artists to produce versions of music, authors to quote from novels and educators to enhance learning materials. By striking a balance between protection and access, fair use fosters a vibrant cultural ecosystem,” IPOPHL director general Rowel Barba said.

The guidelines refers to Section 184 where specific acts are considered as limitations on copyright, given that using copyrighted work can be committed without violating an author’s exclusive economic rights.

Pursuant to the Philippine IP Code, fair use allows the use of certain copyrighted work without asking for permission from the holder “under certain factors.” The general principle of fair use is under Section 185 of the IP Code.

Fair use also ensures that copyright holders are aware of the provisions of fair use, BCRR director Emerson Cuyo said. “As a government agency that upholds a commitment to innovation, we make sure the laws are here to protect the works of right holders. However, we also want to ensure that the development of the creative industry is not stifled by restrictions,” he said.

The guidelines are sectioned into three parts.

The first part outlines statutory fair use that limits copyright protection, including guidelines on private and non-profit performances, news reporting, judicial proceedings, among others.

The second part tackles fair use in quoting works for news reports, academic materials and governmentproduced works.

This indicates consideration on the purpose and character to use, the nature of the work, the amount of the portion taken and the effect toward its potential market.

On its third part, the guidelines discuss other acts found in provisions of the IP Code outside Section 184, explaining governing works of architecture, private reproduction of works, reprographic reproduction of libraries and adaptation of computer programs.

If unsure on the guidelines, BCRR advised to just obtain permission.

“If, despite the guidance offered by the guidelines, one is still in doubt, err on the side of caution. Obtain permission,” Cuyo said.