Commons talk:Copyright rules by territory/Philippines
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Section on government-commissioned works
[edit]@Aymatth2: I'm planning to add a section on the CRT page about works owned and commissioned by the government but created by other people or entities. The section heading would be "Government- commissioned works" and here is the content:
According to the IPOPHL – Bureau of Copyright and Related Rights in their reply to this November 30, 2020 Facebook post of IPOPHL, "the fact that the government owns a work does not necessarily mean that it is not covered by copyright law. Section 176.3 of the IP Code states that, 'the Government is not precluded from receiving and holding copyrights transferred to it x x x x.' In other words, while Government works do not enjoy copyright protection, it may enjoy copyright protection over works transferred to it. Section 178.4 of the IP Code provides that copyright over commissioned works remains with the author/creator but the work itself shall be owned by the person or entity who commissioned the work."
Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the government in a public document of any work in which copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owner.[8293/2015 Section 176.3]
In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary.[8293/2015 Section 178.4]
Is this fine or does it need some improvement? And if ever this is OK, in what section of the CRT will I insert this?JWilz12345 (Talk|Contrib's.) 01:52, 20 December 2020 (UTC)
- I am not comfortable with quoting a reply to a Facebook comment, where we really do not know who is commenting. But Section 176.3 is relevant, and I have added it. Section 178 is not really relevant. We do not care who owns the copyright, just how long it lasts. Aymatth2 (talk) 13:00, 20 December 2020 (UTC)
Copyright on works by commissions made by the Philippine government
[edit]I posted this on the Village Pump but I believe it would be better to have it here. I'm still a bit confused whether works made by "Commissions" that are basically government entities are themselves "government-commissioned works"
Recently, I have recently uploaded File:Jose Rizal - Pakikipagsulatan ni Rizal sa kanyang mga kasambahay, 1876-1896.pdf, a series of letters written by Rizal, compiled by a certain "Pambansang Komisyon ng Ikasandaang Taon ni Rizal" ("Jose Rizal National Centennial Commission", see corresponding law proclaiming said government commission), and tagged it under {{PD-PhilippinesGov}}, since it should be classified under public domain as a work of the Government of the Philippines as it is made by a "Commission" created by said government. Would I be correct in saying that? Because I plan to upload several texts made by the Commission preserved by the Biblioteca Virtual Miguel de Cervantes, as well as texts written by the Komisyon sa Wikang Filipino (Commission of the Filipino Language), such as Patnubay sa Korespondensiya Opisyal to archive and transcribe to Wikisource.
However, I am having some thoughts on uploading the Patnubay, since their fourth page says the following:
RESERBADO ANG LAHAT NG KARAPATAN. Walang bahagi ng librong ito ang maaaring sipiin o gamitin nang walang nakasulat na pahintulot mula sa may-akda at tagapaglathala. Mga Editor: Leonida B. Villanueva, Rogelio G. Mangahas Inilathala ng: Komisyon sa Wikang Filipino
My translation is as follows:
ALL RIGHTS RESERVED. No part of this book may be copied or used without written permission from the author or publisher. Editors: Leonida B. Villanueva, Rogelio G. Mangahas Published by: Komisyon sa Wikang Filipino
The Komisyon is a a government body created by a corresponding law. Because of that, would their work be in the public domain? Note that the works by the Centennial Committee such as the one that I uploaded do not have such a notice. Poppytarts (talk) 03:57, 20 July 2021 (UTC)
- @Poppytarts it is a common practice by several government agencies/instrumentalities to claim copyeight on their works, even if the law does not allow copyright to subsist on such works (yet the law states that for-profit uses require prior permission from the government agencies/instrumentalities, and those may have the right to impose fees for such commercial uses). Look at the footers of the websites of the Senate and the government of w:en:Bulacan Province, for example. Those bear "all rights reserved" copyright footer. The Iloilo government website even goes further by having a terms-of-use condition in their disclaimer page. More notorious is the case of images from the Philippine News Agency, whose copyright restrictions are claimed by the News and Information Bureau of the Philippine government to be in accordance with the copyright law itself. JWilz12345 (Talk|Contrib's.) 03:01, 3 July 2024 (UTC)
Please fix the formatting!
[edit]I added a COM:TOO Philippines redirect, but the formatting on this page is messed up. It is really annoyingly difficult to create redirects and then put them onto the page. -- Ikan Kekek (talk) 06:25, 4 August 2023 (UTC)
- @Ikan Kekek similar issue exists at Commons:Copyright rules by territory/Equatorial Guinea. I think this is a problem not limited to PH and EG pages themselves. JWilz12345 (Talk|Contrib's.) 09:19, 5 August 2023 (UTC)
- But it needs to be fixed. The section on TOO is not showing up as a separate section now; the equals signs are for some reason showing up on the page, instead of bolding. That makes the COM:TOO Philippines redirect I added not work. -- Ikan Kekek (talk) 15:36, 5 August 2023 (UTC)