What is Copyright Law in the Philippines?

Would downloading constitute violation of law in the Philippines?  September 17, 2012 – 08:15 am
Mandaluyong City, Philippines

To download means a file is transferred onto a computer from another computer or the internet. Also, it is a transfer of a program or data file from a central computer to a remote computer or to the memory of an intelligent terminal. (Collins Discovery Encyclopedia)

The internet is an innovative source of downloading data file. Oftentimes, sensitive information can be downloaded. In today’s technology, downloading is somewhat fast and free of charge. Downloading will results to the creation of copy, which is one of the exclusive rights of the copyright holder. Therefore it is a violation of the Philippine copyright law, protected in the Intellectual Property Code of the Philippines, also known as Republic Act No. 8293. However, both unauthorized uploading and downloading of copyright protected works is illegal.

 

There are laws enacted to safeguard unathorized access to files on the internet, which are three Strikes law, ACTA and SOPA.

Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence. The Three Strikes measure could result in a reduction in crimes committed by repeat offenders incarcerated for longer periods under its provisions, thus resulting in savings to local and state governments. On the otherhand, Anti-Counterfeiting Trade Agreement (ACTA), is a multinational treaty for the purpose of establishinng international standards for intellectual property rights enforcement.  Moreover, Stop Online Piracy Act (SOPA) law would expand existing criminal laws to include unauthorized streaming of copyrighted content, imposing a maximum penalty of five years in prison.

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