See - https://www.bworldonline.com/copyright-protection-over-the-works-of-the-government/
"x x x.
Copyright protection over the works of the Government
October 15, 2019 | 9:19 pm
Amicus Curiae
By Mary Erica D. Manuel
x x x.
Republic Act No. 8293, or the Philippine Intellectual Property Code IP Code, specifically states, under Section 175, that “any official text of a legislative, administrative, or legal nature” is not protected by copyright. Section 176 of the IP Code also explicitly declares that “no copyright shall subsist in any work of the Government of the Philippines.” However, despite these provisions generally removing works of the government from the scope of copyright protection, Section 176 allows the works of the government to be exploited for profit provided that there is prior approval of the government agency or office wherein the work is created and that such agency or office may impose, among other things, the condition of the payment of royalties. A similar provision may be found in Title 17 of the United States Code that codified US Copyright laws.
In the dissenting opinion of Justice Carpio in the Philippine case of In re Del Castillo (2011), Mr. Carpio finds that although works of the government may not be copyrightable in general, the arrangement or presentation of passages copied from works of the government may be subject to copyright pursuant to Section 1731.1 (b) of the IP Code.
In the Philippines, there are various compilations of laws and annotations commercially available to the public which are prepared by both public and private entities. Regardless of the outcome of the proceedings before the US Supreme Court, a definitive Decision clarifying the scope of copyright law in the context of works of the government could, at the very least, open the discussion on whether similar works in the Philippines should be subject to copyright protection under Philippine law.
This article is for general informational and educational purposes only and is not offered and does not constitute legal advice or legal opinion.
Mary Erica D. Manuel is an Associate of the Intellectual Property Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).
x x x."
In the dissenting opinion of Justice Carpio in the Philippine case of In re Del Castillo (2011), Mr. Carpio finds that although works of the government may not be copyrightable in general, the arrangement or presentation of passages copied from works of the government may be subject to copyright pursuant to Section 1731.1 (b) of the IP Code.
In the Philippines, there are various compilations of laws and annotations commercially available to the public which are prepared by both public and private entities. Regardless of the outcome of the proceedings before the US Supreme Court, a definitive Decision clarifying the scope of copyright law in the context of works of the government could, at the very least, open the discussion on whether similar works in the Philippines should be subject to copyright protection under Philippine law.
This article is for general informational and educational purposes only and is not offered and does not constitute legal advice or legal opinion.
Mary Erica D. Manuel is an Associate of the Intellectual Property Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).
x x x."
