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Showing 1–22 of 22 articles for “copyright”

Ringtone Samples and Copyright Law: Fair Use in Digital Communication

The Supreme Court clarifies when sampling ringtones online is communication to the public, not public performance, and how fair use applies.

Copyright Assignment and Forgery: What the Supreme Court Ruled

A forged Deed of Assignment does not transfer copyright ownership, and using the work anyway can lead to infringement liability.

Copyright Infringement: Playing Music in Commercial Establishments Without a License

Philippine Supreme Court rules commercial establishments need music licenses. Learn about copyright infringement, FILSCAP, and royalty obligations.

Cable TV Operators and Copyright: The Communication to the Public Right in the Digital Age

When does a cable operator infringe copyright? The Supreme Court clarifies the "communication to the public" right under the IP Code.

Cable TV and Copyright: When Retransmission Becomes Infringement

Philippine Supreme Court ruling on cable operators' liability for copyright infringement through videoke channel retransmission.

Derivative Works and Copyright Ownership in the Philippines: The Tupaz Case

The Tupaz case clarifies Philippine law on derivative works, copyright ownership, and the idea/expression dichotomy in collaborative designs.

Copyright vs Fair Use: Restaurants Playing Radio Music in the Philippines

The Supreme Court rules that restaurants playing radio music through speakers must pay license fees to FILSCAP for public performance.

Restaurants Infringe Copyright by Playing Radio Broadcasts Without a License

The Supreme Court rules that restaurants playing radio broadcasts as background music without a FILSCAP license commit copyright infringement.

Trademark vs Copyright: Protecting Business Names in the Philippines

The Supreme Court clarifies the difference between trademarks and copyrights in business name disputes under Philippine IP law.

Freedom of the Press and Electoral Integrity: Rappler's Right to Live Stream Debates

The Supreme Court ruled that media entities may live stream COMELEC debates, subject to copyright conditions under the Intellectual Property Code.

Supreme Court: Selling Pirated Software Alone Is Copyright Infringement

The Supreme Court rules that merely selling pirated software constitutes copyright infringement under PD 49, reversing the Court of Appeals' restrictive reading.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Upholding Search Warrants in Copyright Infringement Cases: Balancing Rights and Due Process

The Supreme Court clarifies when courts may quash search warrants in software piracy cases, and when they must uphold them.

Copyright Infringement and Prescription: What Retailers Should Know

A look at how filing a complaint with the DOJ interrupts prescription, and what it means for retailers accused of selling counterfeit goods.

Probable Cause in Search Warrants: Lessons from Sony Music v. Judge Espanol

The Supreme Court quashed a search warrant in a copyright case because the applicant and witnesses had no personal knowledge that the discs were pirated, only hearsay.

Hearsay Evidence AND Search Warrants Protecting Against Unlawful Seizures IN Copyright Cases

Copyright Search Warrants: Balancing IP Rights and Constitutional Safeguards

Philippine Supreme Court ruling on probable cause and specificity in copyright infringement search warrants against software piracy.

Copyright Protection Scope of Advertising Display Unit Drawings

Philippine Supreme Court clarifies that copyright over technical drawings does not extend to the depicted object; patents protect inventions.

Prior Use of a Brand Name Prevails Over Copyright or Patent Claims

Philippine Supreme Court ruling on why trademark rights based on prior use trump copyright or patent registrations in brand name disputes.

Protecting Trademarks: Infringement and Damages for Similar Designs

Supreme Court clarifies trademark infringement rules, damages, and copyright cancellation for similar arcuate designs on jeans.

Concurrent Jurisdiction and Forum Shopping: Lessons from a Copyright Dispute

Philippine Supreme Court clarifies how courts of concurrent jurisdiction must defer to the court first acquiring jurisdiction to prevent forum shopping.

Copyright Infringement: Protecting IP Rights and the Prospectivity of New Rules

Explaining the Supreme Court's ruling on search warrants in copyright cases and why new judicial doctrines apply prospectively.