SEC. 41. As used in this chapter:
"Performers" mean actors, singers, musicians,
dancers, and other persons who act, sing, deliver, declaim, play in, or
otherwise perform literary or artistic work.
"Sound Recording" means any exclusively aural fixation of
sounds of a performance or of other sound,
"Producer of sound records" means the person who, or the legal
entity which, first fixes a performance or other sounds.
"Publication" means the issue or offering to the public of
copies of a sound recording in reasonable quantity.
"Reproduction" means the making of a copy or copies of a
recording.
"Broadcasting" means the transmission by wireless means for
public reception of sounds or of images and sound.
"Broadcasting organization" shall include a sole proprietorship
duly authorized to engage in broadcasting.
SEC. 42. Performers shall have the exclusive right:
To record or authorize the recording of their
performance on any recording-apparatus for image and/or sound.
To authorize the broadcasting and the communication to the
public of their performance.
To prohibit the reproduction of a recording of their
performance: (i) If the original recording itself was made without their
consent; (ii) If the reproduction is made for purposes different from
those for which the performers gave their consent; or (iii) If the
original recording was made for any of the purposes mentioned in Section
44 and the reproduction is made for a different purpose.
SEC. 43. Performers shall have the right to decide
whether their names will be mentioned when their performance is recorded
or broadcast. The provisions of Chapter IV shall apply to them.
SEC. 44. Notwithstanding the provisions of Section
43 of his Decree, performers may not object to the recording: (A) of
parts of their performance to be used in connection with the reporting
of current events, or (B) of the entirely thereof which shall be used
solely for the purpose of teaching or scientific research. The
provisions of Section 12 of this Decree shall also apply to
performances. However, the provisions of this section shall be without
prejudice to those of the next preceding section.
SEC. 45. For infringement of any of their rights,
performers shall be entitled to;
An injunction restraining such infringement;
To recover such damages as may be recoverable under the
Civil Code or, in lieu thereof, such damages which to the court shall
appear just and which shall riot be less than Three Hundred Pesos.
To the remedies provided in subsections (C) and (D)
of Section 28 of this Decree but with respect only to recordings of
their performances and devices for making such recordings.
ARTICLE 111. — Producers of Sound Recordings
SEC. 46. Producers of sound recordings shall have
the exclusive right to authorize or prohibit the direct or indirect
reproduction of their recordings and the placing of these reproductions
in the market.
SEC. 47. When a sound recording is used with the
intention of making or enhancing profit, the producer of the recording
has the right to a fair remuneration from the user.
SEC. 48. The producer of a sound recording may also
forbid any use of this recording which would cause serious and
unwarranted damage to his industrial interests.
SEC. 49. There shall be indicated in each copy of a
sound recording the title of the work recorded, the name of the author
and, subject to Section 43 of this Decree of the principal performers
and the date of manufacture.
SEC. 50. Within one month after its manufacture, two
copies of a sound recording shall be deposited, by personal delivery or
by mail, with the National Library. Upon such deposit, the Director
shall issue to the producer a certificate under the seal of the library
indicating the fact and date of such deposit. This certificate shall
constitute a prima facie evidence of the facts stated therein.
SEC. 51. No suit for violation of the rights of the
producer of a sound recording may be instituted until he has complied
with the requirements of the next two preceding sections.
ARTICLE IV. — Broadcasting Organizations.
SEC. 52. Broadcasting organizations shall enjoy the
exclusive right:
To relay by wire or rebroadcast their
broadcasts;
To record in any manner, including the making of
cinematographic films or the use of video tape, their broadcasts for the
purpose of making profit;
To use such records for fresh transmissions or for fresh
recording.
SEC. 53. The provisions of immediately preceding
section shall not include the right to prohibit recording of broadcasts
for strictly private use or solely for the purpose of teaching or
scientific research.
SEC. 54. A broadcasting organization, when any of
its rights secure herein is infringed, shall be entitled:
To have such infringement enjoined;
To recover such damages as may be awarded under the Civil Code;
The remedies provided in subsections (C) and (D) of
ARTICLE V.—Term of Protection
SEC. 55. The rights granted under this Chapter shall
expire after twenty years from the end of the year in which:
The performance took place — for performances
not incorporated in recordings;
The recording was made — for sound or image and sound
recordings and for performances incorporated therein;
The
broadcast took place — in the case of broadcasts.
SEC. 56. The prohibitions and penalties provided
in Section 29 shall apply to infringement of any of the rights granted
in this chapter.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
