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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
News as expressed in a video footage is entitled to copyright protection. Broadcasting organizations have not only copyright on but also neighboring rights over their broadcasts. Copyrightability of a work is different from fair use of a work for purposes of news reporting. (ABS-CBN Corporation v. Felipe Gozon, G.R. No. 195956, March 11, 2015)
Have you ever shared a news story on social media, written a report for school, or tuned in to a broadcast wondering about the legalities involved? It is a question many of us ponder: Are these news stories, reports, or broadcasts protected by copyright laws? And if so, how can we navigate these legal waters without running afoul of the law? Fear not, for in this article, we’re unraveling the mysteries of copyright as it pertains to news.
What’s Copyrightable and What’s Not?
Newspapers and periodicals are copyrightable works.
The law says:
“SECTION 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:
xxx
(b) Periodicals and newspapers;”
Newspapers and periodicals are copyrightable. This means that the way articles are written, presented, or expressed in these publications is protected by copyright.
With that, let’s break down Section 172.1(b) of the law regarding literary and artistic works, which specifically mentions periodicals and newspapers as protected works.
Imagine you are a journalist working for a newspaper. Every day, you and your colleagues write articles, take photographs, and create layouts to produce the daily edition. These articles, photos, and layouts are all original intellectual creations – they did not exist before you and your team brought them to life.
Now, according to Section 172.1(b), these creations are protected from the moment they are made. This means that as soon as your article is written, or your photo is taken, it’s automatically safeguarded by copyright law. This protection extends to the newspaper as a whole, including its layout and design.
So, when someone wants to reproduce or use any part of your newspaper – whether it is quoting an article, reprinting a photo, or replicating the entire layout – they need to obtain permission.
In essence, Section 172.1(b) ensures that the hard work and creativity put into producing newspapers and periodicals are protected by copyright law, giving creators and publishers the right to control how their work is used and distributed.
However, the news itself, like factual information or “news of the day,” is not protected by copyright. This means that anyone can report the same news story without infringing on copyright.
News of the day is an unprotected subject matter.
The law says:
“SECTION 175. Unprotected Subject Matter. ‑ Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.”
To put it simply, while the specific articles you write for your newspaper are protected by copyright, the factual information you report as part of your news coverage is not. This distinction allows for the free flow of information while still protecting the original expression of creative works.
Copyright Protection for Broadcasts and Transcripts vis-à-vis Fair Use Principle
Television or audio broadcasts, along with their transcripts, are indeed subject to copyright protection. While the news itself, being facts and information, is not eligible for copyright, the particular expression and presentation of that news through broadcasts or written transcripts can be protected. This means that the way news stories are reported, scripted, and presented can be safeguarded under copyright law, ensuring that the originality and creativity of the broadcasters are acknowledged and respected.
However, it is important to note the principle of fair use in copyright law. Fair use allows for the limited use of copyrighted material without permission from the copyright owner for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. This means that while broadcasters have copyright protection over their broadcasts and transcripts, others may still be able to use portions of their work under fair use, provided certain conditions are met.
This distinction was emphasized by the Supreme Court in the case of ABS-CBN v. Gozon (G.R. No. 195956, March 11, 2015).
In this case, ABS-CBN, a broadcasting company, claimed copyright infringement against GMA, another broadcaster, for using a portion of their news footage without permission.
The court ruled that while news itself is not copyrightable, the particular expression or presentation of news reports is. Therefore, the news footage was protected by copyright.
However, GMA argued fair use, stating that their use of the footage was for news reporting purposes. Ultimately, the court found that while there was copyright infringement, GMA was excused from liability because of the fair use defense.
This case emphasized that while the raw facts of the news are not copyrightable, the specific manner in which they are presented or written in broadcasts or transcripts can be copyrighted for a duration of up to 20 years. However, fair use can serve as a defense against copyright infringement, allowing for the reasonable use of copyrighted material in certain contexts without the need for permission from the copyright owner.
News Reporting of a Copyrighted Work is Fair Use
The law says:
“SECTION 185. Fair Use of a Copyrighted Work. ‑ 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple 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.”
Fair use is an exception to the copyright owner’s exclusive rights, designed to balance the interests of copyright owners and the public interest in the free exchange of ideas.
It is important to note that fair use is a matter of defense, meaning that even if there is copyright infringement, fair use can excuse the use of copyrighted material under certain circumstances. In summary, while broadcasts and transcripts enjoy copyright protection, the fair use principle ensures a delicate balance between protecting the rights of copyright owners and promoting the free exchange of ideas and information in society.
In essence, while news itself cannot be copyrighted, the particular expression or presentation of news reports is protected. Fair use allows for the limited use of copyrighted material in certain contexts, but it is important to be mindful of copyright laws to avoid unintentional infringement.
Read also:
Who owns the copyright of a letter?
Copyright vs. Patent vs. Trademark
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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