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Philippine Bar review · Question

Practice question: Economic and Moral Rights

Multiple Choice Hard

Practice question

An agreement purports to assign or license an author's moral rights as though they were transferable economic rights. What does Section 198.1 as amended by RA 10372 state?
  1. Moral rights are not assignable or subject to license; any separate waiver issue must be analyzed under its own provision.
  2. All moral rights are freely assignable by an ordinary sales receipt.
  3. Only a foreign buyer may acquire moral rights.
  4. A license of paper copies automatically transfers authorship.
  5. Every purported transfer automatically validates false attribution.

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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