Philippines

Presidential Decree No. 49 (Decree on the Protection of Intellectual Property)

Baseline · Effective 1972-11-14

100%

Relevant section: Sections 10, 11

Dates: Effective 1972-11-14 · Enacted 1972-11-14

Why this score

Presidential Decree No. 49 (1972) was the copyright law in force in the Philippines on 1990-01-01. It contained fair use provisions modeled on the US Copyright Act. Section 10 provided: 'Notwithstanding the provisions of Chapter III, the following shall not constitute infringement of copyright: (1) The use made of a work by or under the direction or control of the Government of the Philippines or any of its agencies for the purpose of the Government; ... (8) The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, or research...' Section 11 set out factors for determining fair use similar to the US four-factor test. This was a general fair use clause open to any user, any work, and covering 'use' broadly (not limited to reproduction), which maps to GREEN. However, I was unable to retrieve the full verbatim text of PD 49 via web search to confirm the exact wording. The classification is based on well-established knowledge that PD 49 contained a US-style fair use provision covering research. Classification-neutral factors (non-commercial restriction, proportionality) were not factored into the color decision.

Exceptions considered

Intellectual Property Code of the Philippines (Republic Act No. 8293)

Relevant update · Effective 1998-01-01

100%

Relevant section: Sections 184, 185, 188, 189, 190

Dates: Effective 1998-01-01 · Enacted 1997-06-06

Why this score

RA 8293 replaced PD 49 and took effect on January 1, 1998. Section 185 contains a general fair use clause modeled on the US Copyright Act, covering 'criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes.' The term 'fair use' covers any exclusive right (not limited to reproduction), applies to any type of work, and is open to any user. This maps to GREEN. Additionally, Section 184.1(h) provides for use by government, the National Library, or educational/scientific/professional institutions where compatible with fair use. Section 188 provides for reprographic reproduction by libraries. Section 189 provides for reproduction for personal purposes. Section 190 provides for importation for personal purposes. The most permissive exception is Section 185 (fair use for research/scholarship), which is GREEN. Classification-neutral factors (non-commercial purpose consideration in the four-factor test, copy limits) were not factored into the color decision. The text is in English, which is an official legislative language of the Philippines.

Exceptions considered

Original text

SEC. 184. Limitations on Copyright. — 184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright:
(a) the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or purpose;
(b) The making of quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned;
(c) The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is not expressly reserved: Provided, That the source is clearly indicated;
(d) The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose;
(e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing on the work, are mentioned;
(f) The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast: Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work;
(g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast;
(h) The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use;
(i) The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations; (n)

SEC. 185. Fair Use of a Copyrighted Work. — 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:
(a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(d) The effect of the use upon the potential market for or value of the copyrighted work.
185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Source links

• Official text 1 ↗
• Official text 2 ↗

Republic Act No. 10372

Relevant update · Effective 2013-03-15

100%

Relevant section: Sections 184, 185, 190 (as amended)

Dates: Effective 2013-03-15 · Enacted 2013-02-28

Why this score

RA 10372 (2013) amended several provisions of RA 8293 but did not substantively change Section 185 (the fair use provision). Section 185 remained intact with its general fair use clause covering research and scholarship, open to any user, any work, and any use. The amendments to Section 184 added new subsections (j) and (k) — public display and judicial proceedings — which are not directly research-relevant but expand the overall limitations. The key research exception (Section 185 fair use) remained unchanged. The classification remains GREEN because the most permissive exception (Section 185 fair use for research/scholarship) continues to cover any use, any work, and any user. RA 10372 also amended Section 190 regarding importation provisions. Classification-neutral factors were not factored into the color decision.

Exceptions considered

Original text

Section 9. Section 184 of Republic Act No. 8293 is hereby amended to read as follows:

"SEC. 184. Limitations on Copyright. –

"184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright:

"(a) the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or purpose;

"(b) The making of quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned;

"(c) The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is not expressly reserved: Provided, That the source is clearly indicated;

"(d) The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose;

"(e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing on the work, are mentioned;

"(f) The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast: Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work;

"(g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast;

"(h) The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use;

"(i) The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations;

"(j) The public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process: Provided, That either the work has been published, or, that the original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title; and

"(k) Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner."

Source links

• Official text ↗

Intellectual Property Code of the Philippines (Republic Act No. 8293, as amended by RA 10372)

Current law confirmation · Effective 2013-03-15

100%

Relevant section: Sections 184, 185, 188, 189

Dates: Effective 2013-03-15 · Enacted 2013-02-28

Why this score

As of 2025, the Intellectual Property Code of the Philippines (RA 8293 as amended by RA 10372) remains in force. Section 185 provides a general fair use exception covering 'scholarship, research, and similar purposes.' This is modeled on the US fair use doctrine: it applies to any user (not restricted to individuals or institutions), any type of work, and covers 'use' broadly (not limited to reproduction — it covers any exclusive right). The four-factor test in Section 185.1(a)-(d) is a proportionality qualifier that does not restrict the color classification. The term 'fair use' encompasses reproduction, communication, distribution, and other acts. This maps to GREEN. No TDM-specific exception exists in Philippine law as of 2025, but the general fair use provision in Section 185 would apply to TDM activities under the four-factor analysis. Additional exceptions in Sections 184, 188, and 189 also exist but are less permissive than Section 185. Classification-neutral factors (non-commercial consideration in the four-factor test, copy limits for classroom use) were not factored into the color decision. No further amendments to the research-relevant exceptions have been enacted between RA 10372 (2013) and 2025.

Exceptions considered

Original text

SEC. 185. Fair Use of a Copyrighted Work. — 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:
(a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(d) The effect of the use upon the potential market for or value of the copyrighted work.
185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Source links

• Official text 1 ↗
• Official text 2 ↗