According to the Intellectual Property Code of the Philippines (IP CODE for brevity) Sec. 172, to wit:
Sec. 172. Literary and Artistic Works. -
172.1 Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:
(a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
(j) Drawings or plastic works of a scientific or technical character;
(k) Photographic works including works produced by a process analogous to photography; lantern slides;
(l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
(m) Pictorial illustrations and advertisements;
(n) Computer programs; and
(o) Other literary, scholarly, scientific and artistic works.
172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. [Emphasis supplied]
From the moment I published my photos online, my works are protected. This fact is underscored by the IP Code. However, upto what extent am I protected? I have never heard of a case on photo theft or infringement of photos in the Philippines to date.
Some of you may tell me that hey, your watermarks are still there. Yes. I know. Sec. 177 particularly subsection 177.1 of the IP Code are enlightening on this matter:
Sec. 177. Copy or Economic Rights. - Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts:
177.1. Reproduction of the work or substantial portion of the work;
I am not trying to sound legalese here (Sarcastic lang). But, my rights are being trampled by these people, almost all of them I am not personally acquainted with. They did not ask for my permission nor even a simple thank you for using my photos. I remember a Sophie Martin seller emailed me that she will use my photos and bluntly ask if she could erase the watermarks on the pictures. Hello?!
Sadly, I am not interested in filing cases for infringement against these people. On second thought, this could probably be a landmark case on this matter. It could even incite the attention of the legislature on the need to update our IP laws with regard original works published through the internet. This post will serve as a stern warning to those who uses my photos with no permission at all. I have been asked by a few readers of mine if they can use my photos and I gladly say yes. (Emphasis on gladly.. I really appreciate such gesture)
What makes it hard for sellers to do the same?
I also feel sorry for other bloggers whose works are being used without their permission too.
Spread the word.
It is time to educate these people.
Godbless
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