The Intellectual Property Office of the Philippines (IPOPHL) has issued fair use guidelines to clarify the conditions that must be met to use copyrighted material that does not infringe on Filipino creatives' intellectual property (IP) rights.
Fair use, under Section 185 of the IP Code, allows the use of copyrighted work without obtaining permission from their copyright holder under particular conditions.
The statutory fair use guidelines were made by the Bureau of Copyright and Related Rights (BCRR) to address Section 184 of the IP Code, where "certain specific acts are considered as limitations on copyright because they can be committed without violating an author's exclusive economic rights."
IPOPHL Director General Rowel Barba said that fair use allows artists to produce versions of art and media that fosters a rich cultural ecosystem, provided it is able to give ample protection to copyright holders while giving access to the public.
As for BCRR Director Emerson Cuyo, he said "fair use makes sure that copyright holders are also not left powerless in the provisions of fair use. As a government agency that upholds a commitment to innovation, we make sure that laws are here to protect the works of rights holders. However, we want to ensure that the development of the creative industry is not stifled by restrictions."
The first part of the guidelines discuss the specific instances provided by the law that limits copyright protection, covering private and non-profit performances, news reporting, and judicial proceedings among others.
The second part tackles fair use in quoting works for news reports, academic materials, and government-produced works; considering the "purpose and character of use, nature of copyrighted work, amount and substantiality of portion taken, and effect of use upon the potential market."
Lastly, the guidelines address the elements governing works of architecture, private reproduction of works, reprographic reproduction of libraries and adaption of computer programs.
The guidelines must be thoroughly analyzed and reviewed, before the public applies the fair use principles in their works.
However, IPOPHL still urges creative to obtain permission from rights holders and appropriately credit the creators of the original works.
"If, despite the guidance offered by the guidelines, one is still in doubt, err on the side of caution. Obtain permission," said Cuyo.