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Philippine Bar review · Question

Practice question: Copyrightable and Non-Copyrightable Works

Multiple Choice Hard

Practice question

A government employee creates an ordinary agency manual as part of regularly prescribed official duties. A private firm proposes exploiting it for profit and says absence of government-work copyright necessarily dispenses with agency approval. No statutory-text or public-address exception applies. Which is best?
  1. No agency approval can ever be required for any government work.
  2. Section 176.1 can require prior agency approval for profit exploitation despite the government-work copyright exclusion.
  3. The firm automatically becomes the employee's employer.
  4. All government manuals carry private copyright in the employee's name.
  5. Profit exploitation automatically transfers the agency's assets to the firm.

Legal references

  • RA 8293, Intellectual Property Code, Sections 171-179, 184-185 and 193-197: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • RA 10372, Sections 4, 8-12, 16-17, copyright amendments: https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html

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