Droit de suite (French for "right to follow") is a right granted to artists or their heirs, in some

jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies
such as the American first-sale doctrine, where artists do not have the right to control or profit from
subsequent sales.

Philippines

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The Intellectual Property Code of the Philippines (Republic Act 8293) gives the author/artist or his heirs a
5-percent share in the gross proceeds of the sale or lease of the original painting, sculpture, or
manuscript, subsequent to its first disposition by the creator. This right exists during the lifetime of the
author or artist and fifty years after his/her death.

The droit de suite was first proposed in Europe around 1893, in response to a decrease in the
importance of the salon, the end of the private patron, and to champion the cause of the “starving
artist.”[citation needed] Many artists, and their families, had suffered from the war, and droit de suite
was a means to remedy socially difficult situations.[1]

According to Renaud Donnedieu de Vabres, droit de suite was created in France following the sale of
Millet's 1858 painting, the Angélus, in 1889 at the Secretan sale.[citation needed] The owner of the
painting made a huge profit from this sale, whereas the family of the artist lived in poverty.

The first-sale doctrine is a legal concept playing an important role in U.S. copyright and trademark law by
limiting certain rights of a copyright or trademark owner. The doctrine enables the distribution chain of
copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works
(for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark
law, this same doctrine enables reselling of trademarked products after the trademark holder put the
products on the market. The doctrine is also referred to as the "right of first sale," "first sale rule," or
"exhaustion rule."

The term "first sale" comes from the concept that the copyright owner's exclusive right to distribute a
particular copy (such as a particular copy of a book) comes to an end when the copyright owner makes
its first sale of the book. After that initial transfer of title of the copy, the new owner of the copy can
generally distribute that particular copy without further authorization of the copyright holder.[1]

The first-sale doctrine is one of the limitations and exceptions to copyright.

Copyright law grants a copyright owner an exclusive right "to distribute copies or phonorecords of the
copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending." 17
U.S.C. 106(3). This is called a "distribution right" and differs from the copyright owner's "reproduction
right" which involves making copies of the copyrighted works. Rather than the right to copy, the
distribution right involves the right to transfer physical copies or phonorecords (i.e., recorded music) of
the copyrighted work. For example, the distribution right could be infringed when a retailer acquires and
sells to the public unlawfully made audio or video tapes. Although the retailer may not have copied the
work in any way and may not have known that the tapes were made unlawfully, he nevertheless
infringes the distribution right by the sale. The distribution right allows the copyright owner to seek
redress from any member in the chain of distribution.

The first-sale doctrine creates a basic exception to the copyright holder's distribution right. Once the
work is lawfully sold or even transferred gratuitously, the copyright owner's interest in the material
object in which the copyrighted work is embodied is exhausted. The owner of the material object can
then dispose of it as he sees fit. Thus, one who buys a copy of a book is entitled to resell it, rent it, give it
away, or destroy it. However, the owner of the copy of the book will not be able to make new copies of
the book because the first-sale doctrine does not limit copyright owner's reproduction right. The
rationale of the doctrine is to prevent the copyright owner from restraining the free alienability of goods.
Without the doctrine, a possessor of a copy of a copyrighted work would have to negotiate with the
copyright owner every time he wished to dispose of his copy. After the initial transfer of ownership of a
legal copy of a copyrighted work, the first-sale doctrine exhausts copyright holder's right to control how
ownership of that copy can be disposed of. For this reason, this doctrine is also referred to as the
"exhaustion rule."

The doctrine was first recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill
Co. v. Straus) and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. In the Bobbs-
Merrill case, the publisher, Bobbs-Merrill, had inserted a notice in its books that any retail sale at a price
under $1.00 would constitute an infringement of its copyright. The defendants, who owned Macy's
department store, disregarded the notice and sold the books at a lower price without Bobbs-Merrill's
consent. The Supreme Court held that the exclusive statutory right to "vend" applied only to the first sale
of the copyrighted work.

Section 109(a) provides: "Notwithstanding the provisions of section 106 (3), the owner of a particular
copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled,
without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy
or phonorecord." The elements of the first sale doctrine can be summarized as follows: (1) the copy was
lawfully made with the authorization of the copyright owner; (2) ownership of the copy was initially
transferred under the copyright owner's authority; (3) the defendant is a lawful owner of the copy in
question; and (4) the defendant's use implicates the distribution right only; not the reproduction or
some other right given to the copyright owner.
A copyright is the legal protection extended to the owner of the rights in an original work.[1] Original
work refers to every production in the literary, scientific, and artistic domains.[1] The Intellectual
Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict
resolution of intellectual property rights and to enforce the copyright laws.[2] IPOPHL was created by
virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on
January 1, 1998, under the presidency of Fidel V. Ramos.[3]

In the Intellectual Property (IP) Code of the Philippines, literary and artistic works include books,
writings, musical works, films, paintings, and other works including computer programs.[1]

Works are created on the sole fact of their very creation - regardless of their mode or form of expression
as well as their content, the quality of said content, and purpose.[1]

Works Covered/Not Covered by Copyright

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Works covered by the copyright law are (1) literary and artistic works and (2) derivative works. On the
other hand, works not protected by the copyright law are (1) unprotected subject matter and (2) works
of the government.

Literary and Artistic Works

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According to Section 172 of the Intellectual Property Code,[4] literary and artistic works refer to the
original and intellectual creations protected from the moment of their creation.

The list of literary and artistic works includes the following:

Books, pamphlets, articles and other writings.

Periodicals and newspapers

Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing
or other material form
Letters

Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows

Musical compositions, with or without word

Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models
or designs for works of art.

Original ornamental designs or models for articles of manufacture, whether or not registrable as an
industrial design, and other works of applied art

Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography,
topography, architecture or science

Drawings or plastic works of a scientific or technical character

Photographic works including works produced by a process analogous to photography; lantern slides

Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings

Pictorial illustrations and advertisements

Computer programs

Other literary, scholarly, scientific and artistic works

Derivative Works

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According to Section 173.2 of the Intellectual Property Code,[4] derivative works are defined as new
work provided that they do not violate any subsisting copyright upon the original work employed or any
part thereof, or to imply any right to such use of the original works, or to secure or extend copyright in
such original works.

The list of derivative works includes the following:

Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary

or artistic works

Collections of literary, scholarly or artistic works, and compilations of data and other materials which are
original by reason of the selection or coordination or arrangement of their contents.
According to Section 174[4] which refers to the case of a published edition of work, the publisher has the
copyright consisting merely of the right of reproduction of the typographical arrangement of the
published edition of the work.

Unprotected Subject Matter

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The list of unprotected subject matter include the following:

Any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such,
even if they are expressed, explained, illustrated or embodied in a work

News of the day and other miscellaneous facts having the character of mere items of press information

Any official text of a legislative, administrative or legal nature, as well as any official translation thereof

Works of the Government

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On the other hand, no copyright shall be applied in any work of the Government of the Philippines. To
exploit such works for profit, prior approval from the government agency or office should be made. Such
agency or office may impose payment of royalties. It is not required to seek prior approval or conditions
for the use for any purpose of statutes, rules and regulations, and speeches, lectures, sermons,
addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative
agencies, in deliberative assemblies and in meetings of public character.

Copyright Ownership

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According to Section 178 and 179 of Republic Act 8293,[4] the copyright ownership is under the
following rules:

Copyright shall belong to the author of the work for original literary and artistic works
For works with joint ownership, all the authors will be recognized as original owners. In the absence of
agreement, their rights shall fall under the rules of co-ownership. In the case of works whose author per
part can be identified, the author of each part shall be considered as the owner of the copyright in that
respective part.

For works created during the course of employment of an author, copyright ownership are as follows:

If the object of ownership is not a part of the regular duties of the author, the employee shall get the
copyright even if he/she used the time, facilities, and materials of the employer.

If the work is an output of the author for his regularly-assigned duties, the employer shall get the
copyright unless there is an agreement to the contrary.

For works created in pursuance of a commission to the author by a person other than his/her employer,
the ownership shall be granted to the person who commissioned but the copyright ownership shall
remain with the creator, unless there is an agreement to the contrary.

For audiovisual works, the copyright shall belong to the producer, the author of the scenario, the
composer of the music, the film director, and the author of the work adapted. However, the producer
shall exercise copyright only up to what is required for the exhibition of the work, except for the right to
collect performing license fees for the performance of the compositions incorporated into the work.

For letters, the copyright shall belong to the writer subject to Article 723 of the Civil Code.[5]

For anonymous works and works under a pseudonym, the publisher shall represent the work's author
who are either anonymous or under a pseudonym, unless the contrary appears or the author discloses
his/her identity.

Types of Rights under the Law of Copyright

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These are the rights that authors are entitled to according to the law of copyright, under Part IV of R.A.
8293, or the Intellectual Property Code of the Philippines.

Economic Rights[6]

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This allows a creator to ask for or obtain payment for the use of his or her work by third parties.
According to Section 177 of the Law of Copyright, these rights consist of the right to allow, impede, or
carry out the following by the author:
Replication of the work, or a portion of the work

Transformation or dramatization of the original work

The first public distribution of the original work and each copy of the work

Rental of the original work, or copy of the work embodied in any form, including audiovisuals,
cinematography, sound recordings, computer programming, or graphic work, regardless of ownership of
the original work

Public display of the original or copy of the work

Public performance of the work

Other communication of the work to the public

Moral Rights[4]

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These rights allow the author of the work to maintain his or her personal connection to the work, and to
undertake measures in order to protect this connection. The author of the work, independent of the
economic rights, also have the right to:

Require the authorship of the work be attributed to him or her, meaning that the author may require
that his or her name be displayed in a prominent fashion on a copy or public distribution or use of the
work

To make any transformation or adjustment to the work, or withhold it from publication

To oppose any and all mutilation or any other derogatory action to the work which could potentially be
detrimental to the author's honor and reputation

To refuse to the use of the author's name on any mutilated or distorted version of his work, or any work
not of his own creation

Exceptions to moral rights

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Under Section 195 of the Law on Copyright, an author may waive his moral rights through a written
contract. However, this contract is deemed invalid if it allows third parties to do the following:
Make use of the author's name, the title of the work, or the author's reputation, in any version or
adaptation of the work which could harm or be detrimental to the artistic reputation of another author

Make use of an author's name for a piece of work not of his own creation

The right of an author to have his contribution to a collective work credited to his name is deemed
waived. A collective work here is defined as work created by two or more persons and under the
understanding that the work will be attributed to the person whose direction said work is under. It is also
understood that contributing natural persons will not be identified.[7]

If an author licenses or permits a third party to make use of his or her work, any necessary
transformation, such as arranging, editing, or adaptations of work for use in publications, broadcast, or
motion pictures, in accordance with the standards of the medium in which the work is to be used, shall
not be found in contrary to the author's rights. In addition, the destruction of work unconditionally and
completely transferred by an author shall likewise not be found in violation of the author's rights.

Resale Rights[4]

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The author and his or her heirs have the inalienable right to partake of 5% of the proceeds of the sale or
lease of his or her original work (painting, sculpture, manuscript, composition). This inalienable right is in
effect during the lifetime of the author, and for fifty years after his or her death.

Related Rights[1]

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Related rights are the rights of those whose help the author avails of in order to assist him in producing
his work, and distributing this work to the public. These rights are also referred to as "neighboring rights"
and include the following:

Rights of performers

Rights of producers of sound recordings

Rights of broadcasting organizations

Infringement of Copyright

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Acts constituting infringement[8][9]

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Section 216 of Republic Act No. 10372 states that a person infringes a right protected under this Act
when one:

Directly commits an infringement against copyright;

Benefits from the infringing activity of another person who commits an infringement if the person
benefiting has been given notice of the infringing activity and has the right and ability to control the
activities of the other person;

With knowledge of infringing activity, induces, causes or materially contributes to the infringing conduct
of another.

Liabilities of Infringement[10]

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Any person found infringing rights protected under RA 10372 shall be liable:

To pay the copyright owner actual damages, legal costs, and other expenses, that may have been
incurred due to infringement as well as profits earned by the infringement.

Instead of recovering actual damages and profits, the copyright owner may file instead for an award of
statutory damages for all infringements involved for not less than Fifty thousand pesos (Php 50,000.00).
The court may consider the following factors in awarding statutory damages:

The nature and purpose of the infringing act;

The flagrancy of the infringement;

Whether the defendant acted in bad faith;

The need for deterrence;

Any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement; and

Any benefit shown to have accrued to the defendant by reason of the infringement.

Limitations on Copyright
Edit

The following acts shall not constitute infringement of copyright:

The recitation or performance of a work, if it had been made accessible to the public, and if done in
private and free of charge. Performance of a work done under a charitable or religious institution shall
also fall under this.[11]

The quotation of published works if they are compatible with fair use and only to an extent. This includes
quotations from newspaper articles and periodicals provided that the source and the name of the
author, if available, are mentioned.[12]

The reproduction of articles or communication by the mass media on current political, social, economic,
scientific, or religious topics, lectures, addresses, and other works of the same nature, which are
delivered in public and will only be used for information purposes.[13]

The reproduction and communication to the public of literary, scientific, or artistic works for reporting
current events.

The inclusion of a work in a publication, broadcast, or other forms of communication, if it will be used as
aids in teaching and if it is compatible with fair use. Also, the author and the name of the author shall be
mentioned.

The recording of a work made in educational institutions for the use of that education institution. In
accordance to this, the recording should be deleted after the first broadcast. Also, the said recording
should not be from works which are part of a film except for brief excerpts of the work.

The making of recordings by a broadcast organization for its own broadcasting purposes.

The use of a work under the direction or control of the government or other institutions for the purpose
of informing and public. It must also be compatible with fair use.

The public performance of a work in a place without admission fee and for other purposes that does not
include profit making.

The public display of a work not made on screen or by other devices.

The use of a work for judicial proceedings or for legal advice.

The provisions under this shall not be interpreted in a way that exploit the works and does not harm the
interest of the right holder.[4]
Fair Use

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A fair use, in its most general sense, is the act of copying of copyrighted materials done for purposes
such as commenting, criticizing, or parodying a copyrighted work without the permission from the
copyright owner. It is used as a defense under copyright infringement.[14]

Factors in Determining Fair Use

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Under fair use, the use of a copyrighted work for purposes of criticizing, commenting, news reporting,
teaching, creating researches, and other similar purposes is not an infringement of copyright. In
determining whether the use made is under fair use, the following factors should be considered:

The purpose of the use, including it is of a commercial nature or for non-profit purposes

The nature of the copyrighted work

The amount and sustainability of the portion used in relation to the copyrighted work as a whole

The effect of the use to the value of the copyrighted work

List of Reproductions Allowed by the Law

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Given the mentioned rules and regulations above about copyright, reproduction of different materials,
without the permission of the author, are still allowed given that they are done for reasons allowed by
the Intellectual Property Code of the Philippines. Provided here are the reproductions and purposes
allowed by the law.

Reproduction of Published Work

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Under Subsection 187.1 of the Intellectual Property Code of the Philippines,[4] the reproduction of a
published work shall be permitted without the owner's authorization given that the reproduction was
made for research purposes. The permission granted here shall not extend to:
A work of architecture in the form of building or other construction

An entire or a substantial part of a book or of a musical work

A compilation of data and other materials

A computed program except those stated in Section 189

Any reproduction that would exploit the work

Reprographic Reproduction by Libraries

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Any library or archive with non-profit purposes may make a single copy of the work without the
authorization of the author given that:

The work cannot be lent to user in its original form

The works are isolated articles contained in composite works or portions of other published works and
the reproduction can supply them

The making of a copy is for the purposes of preserving or replacing the original in situations that it is
destroyed or lost

Reproduction of Computer Program

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The reproduction of one back-up copy of a computer program shall be allowed without the permission
of the copyright owner given that the reproduction is for the following uses:

The use of the computer program in a computer for which it will be run

To create a copy of the original computer program so that replacement is available if the original copy is
lost or destroyed