The Intellectual Property Office of the Philippines (IPOPHL) released its fair use guidelines to clarify and guide Filipino creatives, educators and innovators in understanding intellectual property (IP) rights.
“Fair use is the bedrock of creativity. It allows artists to produce versions of music, authors to quote from novels, and educators to enhance learning materials. By striking a balance between protection and access, fair use fosters a vibrant cultural ecosystem,” said IPOPHL director-general Rowel Barba.
Under the Philippine IP Code, fair use allows limited use of copyrighted work without permission under specific circumstances.
While the general principle exists in Section 185, the guidelines address Section 184, which outlines specific acts considered limitations on copyright and do not violate an author’s exclusive economic rights.
The Bureau of Copyright and Related Rights (BCRR) crafted the statutory fair use guidelines to clarify which acts qualify under fair use.
The document aims to benefit users facing situations covered by the guidelines and increase public awareness of fair use principles.
“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 the laws are here to protect the works of right holders. However, we also want to ensure that the development of the creative industry is not stifled by restrictions,” said BCRR director Emerson Cuyo.
The guidelines illustrate fair use in three sections for comprehensive understanding, including detailed explanations to simplify the concepts.
Under the Philippine IP code, fair use allows the use of a copyrighted work without obtaining prior permission from the copyright holder under certain factors.
While the general principle of fair use is found in Section 185 of the IP Code, the guidelines tackle Section 184 where certain specific acts are considered as limitations on copyright because they can be committed without violating an author’s exclusive economic rights.
The Bureau of Copyright and Related Rights (BCRR) crafted the statutory fair use guidelines to provide some clarity on the conditions that must be met in order for specific acts to be considered as statutory fair use.
The document is expected to benefit any user who may find themselves in the situations discussed and offer public clarity and awareness of the principles that allow fair use.
