Practice question
After an author dies, no filed written instrument designates a posthumous moral-right enforcer. The heirs exist. A publisher says the National Library Director necessarily displaces them immediately. Which is correct under amended Section 198?
- The publisher automatically becomes the sole moral-right owner.
- Enforcement devolves upon the heirs before the default role of the National Library Director.
- The Director always displaces existing heirs.
- Every moral right is freely auctioned to the highest bidder.
- No posthumous enforcement can ever occur.
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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