Practice question
An owner says a reservation of rights necessarily forecloses fair use even where the use is otherwise within the narrow facts and balancing upheld in Wolfpac. Which answer reflects the main holding?
- Every reservation automatically repeals Section 185.
- The reservation did not defeat the statutory fair-use defense on those facts.
- Fair use is available only if the owner separately licenses it.
- The Court held every unlicensed preview infringing regardless of the factors.
- The defense permanently transfers the owner's copyright to the user.
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
- FILSCAP v. Wolfpac Communications, G.R. No. 184661, February 25, 2025, en banc main decision: https://lawphil.net/judjuris/juri2025/feb2025/gr_184661_2025.html
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