Copyright Infringement as a Tort

Outline

1. Definitions:
a. Copyright
b. Copyright Infringement
2. Nature of copyright infringement in this jurisdiction
3. Copyright infringement as a tort
a. Copyright infringement as a strict liability tort
4. Criticisms to the strict liability treatment
Copyright

 It is an intangible incorporeal right to certain literary, scholarly, scientific, and artistic

productions granted by law to the author or creator of the work and giving him, his heirs, and
assigns copyright or economic rights, which consist of the exclusive right, subject to certain
limitations imposed by law (i.e. Chapter VIII, Part IV of RA 8293, as amended) to carry out,
authorize, or prevent the following acts:
o Reproduction of the work or substantial portion of the work;
o Dramatization, translation, adaptation, abridgment, arrangement, or other
transformation of the work;
o The first public distribution of the original and each copy of the work by sale or other
forms of transfer of ownership;
o Rental of the original or a copy of an audiovisual or cinematographic work, a work
embodied in a sound recording, a computer program, a compilation of data and other
materials, or a musical work in graphic form, irrespective of the ownership of the
original or the copy which is the subject of the rental;
o Public display of the original or a copy of the work;
o Public performance of the work; and
o Other communications to the public of the work (Section 177, RA 8293 as amended).
 It should be noted that the work is protected from the moment of creation, irrespective of their
mode or form of expression, as well as of their content, quality and purpose (Section 172.2, RA
8293).

Copyright infringement

 Under Section 216 of RA 8293, as amended by RA 10372, a person infringes a person’s copyright
and economic rights when:
o He directly commits an infringement;
o He benefits from the infringing activity of another person who commits an infringement
if the person benefiting has been given notice of the infringing activity and has the right
and ability to control the activities of the other person; or
o With knowledge of infringing activity, induces, causes or materially contributes to the
infringing conduct of another.


Nature of copyright infringement in this jurisdiction

 Criminal offense
 Offense alum prohibitum
Criminal infringement as a tort

 In the US, copyright infringement is considered as a tort.

 It is considered as a strict liability tort.

Criticisms to the view that copyright infringement is a strict liability tort