PhilippinesIntellectual Property Code, News-of-the-Day Exclusion and Fair-Use Reproduction of Current Events
Republic Act No. 8293 (1997), Sections 175, 184
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You need not obtain permission to use news of the day or miscellaneous facts having the character of mere items of press information: section 175 excludes them from copyright protection.
- You may quote from a published work, including quotations from newspaper articles and periodicals in the form of press summaries, where compatible with fair use and you mention the source and the author's name (s. 184.1(b)).
- You may reproduce or communicate to the public by mass media an article on a current political, social, economic, scientific or religious topic, or a public address of the same nature, for information purposes, if you clearly indicate the source and the rightsholder has not expressly reserved the use (s. 184.1(c)).
- You may reproduce and communicate to the public a literary, scientific or artistic work as part of a report of current events, by photography, cinematography or broadcasting, to the extent necessary for that purpose (s. 184.1(d)).
These lines are LexLint's reading of the law's text.
What this law does
Section 175 excludes "news of the day and other miscellaneous facts having the character of mere items of press information" from copyright protection outright, regardless of Sections 172 and 173, so a bare news item carries no protection an aggregator could infringe.
Section 184.1(b) separately permits quotations from a published work, including quotations from newspaper articles and periodicals in the form of press summaries, where compatible with fair use and the source and author's name are mentioned.
Section 184.1(c) permits reproducing or communicating to the public by mass media an article on a current political, social, economic, scientific, or religious topic, or a public address of the same nature, for information purposes, unless the rightsholder has expressly reserved the use, provided the source is clearly indicated.
Section 184.1(d) separately permits reproducing and communicating to the public a literary, scientific, or artistic work as part of a report of current events, by photography, cinematography, or broadcasting, to the extent necessary for that purpose.
No press-publisher neighbouring right, comparable to the EU's Digital Single Market (DSM) Article 15 or Germany's Leistungsschutzrecht, exists in the Code; a news aggregator's reproduction of headlines and short extracts is addressed instead by these copyright limitations, and by the Code's own exclusion of news items as such from protection.
When LexLint raises it
When your app profile says your app reuses other publishers' content or crawls the web.
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