SEC. 34. Independently of the rights conferred by
Chapters II and III of this Decree or the grant of an assignment or
license with respect to any of such rights, a creator shall have the
right:
To make alterations of his work prior to, or
to withhold it from, publication;
To require that the authorship of the works be attributed to
him;
To object to any alteration of his work which is prejudicial to
his reputation;
To restrain the use of his name with respect to any work not of
his own creation or in a distorted version of his work.
SEC. 35. A creator cannot be compelled to perform
his contract to create a work or for the publication of his work already
in existence. However, he may be held liable for damages for breach of
such contract.
SEC. 36. A creator may assign or waive his rights
mentioned in Section 34 of this Decree by a written instrument expressly
so stating, but no such assignment shall be valid where its effect is
to permit another:
To use the name of the creator, or the title
of his work, or otherwise to make use of his reputation with respect to
any version or adaptation of his work which, because of alterations
therein, would substantially tend to injure the literary or artistic
reputation of the author; or
To use the name of the creator with respect to a work he did
not create.
SEC. 37. When a creator contributes to a collective
work, like a newspaper or an encyclopedia, his right to have his
contribution attributed to him is deemed waived unless he expressly
reserves it.
SEC. 38. In the absence of a special contract at the
time a creator licenses or permits another to use his work, the
necessary editing, arranging or adaptation of such work, for
publication, broadcast, use in a motion picture, dramatization, or
mechanical or electrical reproduction in accordance with the reasonable
and customary standards or requirements of the medium in which the work
is to be used, shall not be deemed to contravene the creator's rights
secured by this chapter. Nor shall complete destruction of a work
unconditionally transferred by the creator be deemed to violate such
rights.
SEC. 39. The rights of a creator under this chapter
shall be perpetual and imprescriptible. The person or persons to be
charged with the posthumous enforcement of these rights shall be named
in a writing to be filed with the National Library. In default of such
person or persons, such enforcement shall devolve upon either the
creator's heirs or the Director of the National Library acting in behalf
of the heirs.
The persons named by the creator in accordance with the foregoing
paragraph or, in their absence, the creator's heirs shall have the power
to make any assignment or license of the rights provided in
this chapter which would be within the power of the creator had he
lived. If there are no heirs, the Director of the National Library shall
exercise this power.
For purposes of this section, "Person" shall mean any individual,
partnership, corporation, association, or society. The Director of the
National Library may prescribe reasonable fees to be charged for his
services in the application of provisions of this section.
SEC. 40. Violation of any of the rights conferred by
this chapter shall entitle those charged with their enforcement to the
same rights and remedies available to a copyright owner. In addition,
damages which may be availed of under the Civil Code may also be
recovered. Any damage recovered after the creator's death shall be held
in trust for and remitted to the heirs.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
