DISCLAIMER: The information contained here are general knowledge and not legal advise for the author is not a lawyer
Nowadays we say sculptures whether abstract or detailed in public areas and also in front of high-rise commercial building commonly seen in Makati City, and a lot of people are taking pictures with, printing it or posting it to their own social networking sites. But the question is, is there any copyright infringement on the part of those people who take pictures? Is the owner of the establishment has a cause of action? or is it the sculptor who has the right to initiate a suit?
The question can be answered in many ways, but the law is not silent on the matter.
Under sec. 155 of the Intellectual Property Code of the Philippines infringement means that there must be a reproduction or colorable imitation of a registered mar or dominant feature thereof and there must be likelihood to cause confusion or mistakes to the mind of the public.
So if the two acts are present there is definitely infringement. But is it really present if I take pictures of me and my friends in let say, "the Rizal monument?"...I don't think there is. Taking pictures does not make any reproduction or colorable imitation of such work that would cause confusion to the public. Colorable imitation connotes close ingenious imititation enough to deceive or such a resemblance as to deceive an ordinary purchaser (Ethepha vs. Director of Patents and Westmount Pharmaceuticals GR no. L - 20635)
Also such act is covered by what is known as the "Fair use doctrine". It is a privilege of persons other than the owners of the the copyright, to use the copyrighted material in a reasonable manner without his consent, notwithstanding the monopoly granted to the owner of the copyright (Sec. 185 Intellectual Property Code).
So with this, I hope that people will relieved and they will feel free to take pictures since its a good way of reminiscing.
-mookie
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