Philippines: Employer owns copyright

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Philippines: Employer owns copyright

In 2012, Michael Dewayne Brown, an American citizen, sued for copyright infringement American English Skills Development Center (AESDCI) and its shareholders Armilyn MorilloBujis, et al, for their unauthorised copying, use, reproduction and obtaining copyright registration in the name of AESDCI, of his work "Conversational English Study Guide (First Edition)", of which Brown claimed to be the creator and author.

The action was filed before the Bureau of Legal Affairs (BLA) of the Intellectual Property Office (IPPHL) and was docketed as IPV No 10201200004. From the records of the case, it appeared that AESDCI was formed by Brown who invited the respondents to join him, without making any monetary investments, as Brown claimed. During the trial, the following facts were established by documentary and testimonial evidences: (i) Brown prepared Conversational English Study (the work), (ii) in many versions of the work, the words "Copyright@AESDCI" appeared, and Brown admitted having placed these words on the work himself, (iii) in 2006, upon establishment of AESDCI, Brown had a fixedterm contract with AESDCI appointing him as contract director, and when this contract expired, a consultancy agreement was entered into by Brown with AESDCI appointing him as instructor with a description of his work.

In this consultancy agreement, part of his duties and responsibilities was to "develop Training Policies and Procedures Manual...." and "develop and write Training Manuals, English Educational Materials and Lesson Plans".

The BLA Hearing Officer opined that while Brown's contract is denominated as a consultancy agreement, the description of his duties, in addition to the contract being on an exclusive basis, falls within the duties of a regular employee. As a regular employee who originally prepared the manual Conversational English Study Guide, and in the absence of an agreement identifying Brown as owner of the copyright, it is the respondent employer AESDCI who truly owns the copyright, as ruled by the Hearing Officer quoting Section 178.3 of the IP Code of the Philippines:

In the case of work created by an author during and in the course ofHis employment, the copyright shall belong to:

(b) The employer, if the work is the result of the performance of his regularly assigned duties, unless there is an agreement express or implied to the contrary.

Hechanova_Editha-100

Editha R Hechanova


Hechanova & Co., Inc.Ground Floor, Salustiana D. Ty Tower104 Paseo de Roxas Ave, Makati City 1229PhilippinesTel: +632 888 4293Fax: +632 888 4290

editharh@hechanova.com.phwww.hechanova.com.ph

more from across site and ros bottom lb

More from across our site

Sources say they have found the social media platform Bluesky to be a good place to post IP content, while others plan to watch the site closely
The USPTO’s internal ban on AI use, a major SEP ruling rejecting an interim licence request, and the EUIPO’s five-year plan were among the biggest talking points
Speaking to Managing IP, Kathi Vidal says she’s looking forward to helping clients shape policy when she returns to Winston & Strawn
AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
The combined firm, which will operate under the Venner Shipley name and have 46 partners, will go live in December
Vidal, who recently announced her departure from the USPTO, said she decided to rejoin the firm because of its team and culture
Osborne Clarke said John Linneker’s experience, including acting for SkyKick in the seminal dispute with Sky, will be a huge asset to the firm
Gift this article