2013 Mercantile Law, Q4

Rudy is a fine arts student in a university. He stays in a boarding house with Bernie as his roommate. During his free time, Rudy would paint and leave his finished works lying around the boarding house. One day, Rudy saw one of his works -an abstract painting entitled Manila Traffic Jam – on display at the university cafeteria. The cafeteria operator said he purchased the painting from Bernie who represented himself as its painter and owner.
Rudy and the cafeteria operator immediately confronted Bernie. While admitting that he did not do the painting, Bernie claimed ownership of its copyright since he had already registered it in his name with the National Library as provided in the Intellectual Property Code.
Who owns the copyright to the painting? Explain. (8%)

Quick check

When does copyright protection attach to an original artistic work under Republic Act 8293?

What is the legal effect of registering a copyright with the National Library under Section 191 of RA 8293?

Who is the original owner of copyright in a painting created by a fine arts student?

Can a non-author acquire copyright ownership by registering another person's painting in their own name?

Which primary statute governs copyright creation, registration effects, and moral rights in the Philippines?

Learn more about these topics

1. Copyright Creation Ownership
Under Section 172 and Section 178.1 of the Intellectual Property Code of the Philippines (Republic Act Number 8293), copyrightable works are protected from the sole moment of their creation. The copyright in a literary, artistic, or scientific work belongs exclusively to the author who created it. Creation, rather than registration or publication, is the sole operative act that vests copyright ownership. The painter or artist automatically acquires full economic and moral rights over their original painting immediately upon completing the work.

2. Copyright Registration Effect
Under Section 191 of Republic Act Number 8293, the registration and deposit of a copyrighted work with the National Library or the Intellectual Property Office are not requirements for the acquisition of copyright protection. Copyright registration serves merely as an administrative record of the work's existence for statistical or archival purposes. Registration does not confer title, create copyright ownership, or validate an otherwise invalid claim. Consequently, an unauthorized registration by a non-author creates no legal title and cannot divest the true creator of copyright.

3. Remedies for Infringement
Under Section 216 of the Intellectual Property Code of the Philippines, the rightful copyright owner is entitled to legal and equitable remedies against any person who infringes upon their exclusive rights. An unauthorized third party who misrepresents authorship and purports to sell or transfer a copyrighted painting commits copyright infringement and conversion. The true author may bring an action for injunction, recovery of actual damages, impounding of infringing copies, and cancellation of the fraudulent copyright registration certificate issued to the imposter.

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