Copyright infringement

Dear Atty. Maan,

I uploaded a portion of a movie that is currently showing today for the purpose of promoting the same. However, the next day, I received a notification to take down the video because I unknowingly violated the platform's copyright rules, despite including a disclaimer stating, 'No copyright infringement intended.' Could you please enlighten me on this matter, Atty.?

Marie

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Dear Marie,

The presence of a disclaimer stating "No copyright infringement intended" does not automatically grant you the right to use copyrighted content.

Under Republic Act 8293, also known as the Intellectual Property Code of the Philippines, Copyright refers to the legal protection granted to the creators or authors of original literary and artistic works. These works include, but are not limited to, books, music compositions, paintings, sculptures, films, photographs, computer programs, and architectural designs etc.

Under the said law copyright protection is automatic upon the creation of the original work. As such, the person who created an artistic work acquires ownership and the exclusive rights to their work at the moment of its creation including control, and the right to reproduce, distribute, perform, display, and create derivative works based on the original.

On the other hand, copyright infringement occurs when someone uses copyrighted material without obtaining the necessary rights, licenses, or permissions from the copyright owner.

Section 184 of the Intellectual Property Code however provided for the Limitations on Copyright such as "Fair use" thereof that is not tantamount to copyright infringement. It allows for fair use of copyrighted works, which permits certain uses without the need for permission from the copyright owner. Fair use includes purposes such as criticism, comment, news reporting, teaching, scholarship, research, and parody. However, the law provides specific limitations on these uses.

To avoid copyright infringement, it is crucial to either obtain permission from the copyright owner or ensure that your use of copyrighted material falls within the legal boundaries of fair use. Including a disclaimer like "no copyright infringement intended" is not sufficient to avoid infringement. While the disclaimer may express your intention not to violate copyright laws, it does not provide any legal protection or authorization to use copyrighted material without proper permission.

Hope this helps.

Atty. Mary Antonnette Baudi