Philippines: Employer owns copyright

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Philippines: Employer owns copyright

In 2012, Michael Dewayne Brown, an American citizen, sued for copyright infringement American English Skills Development Center (AESDCI) and its shareholders Armilyn MorilloBujis, et al, for their unauthorised copying, use, reproduction and obtaining copyright registration in the name of AESDCI, of his work "Conversational English Study Guide (First Edition)", of which Brown claimed to be the creator and author.

The action was filed before the Bureau of Legal Affairs (BLA) of the Intellectual Property Office (IPPHL) and was docketed as IPV No 10201200004. From the records of the case, it appeared that AESDCI was formed by Brown who invited the respondents to join him, without making any monetary investments, as Brown claimed. During the trial, the following facts were established by documentary and testimonial evidences: (i) Brown prepared Conversational English Study (the work), (ii) in many versions of the work, the words "Copyright@AESDCI" appeared, and Brown admitted having placed these words on the work himself, (iii) in 2006, upon establishment of AESDCI, Brown had a fixedterm contract with AESDCI appointing him as contract director, and when this contract expired, a consultancy agreement was entered into by Brown with AESDCI appointing him as instructor with a description of his work.

In this consultancy agreement, part of his duties and responsibilities was to "develop Training Policies and Procedures Manual...." and "develop and write Training Manuals, English Educational Materials and Lesson Plans".

The BLA Hearing Officer opined that while Brown's contract is denominated as a consultancy agreement, the description of his duties, in addition to the contract being on an exclusive basis, falls within the duties of a regular employee. As a regular employee who originally prepared the manual Conversational English Study Guide, and in the absence of an agreement identifying Brown as owner of the copyright, it is the respondent employer AESDCI who truly owns the copyright, as ruled by the Hearing Officer quoting Section 178.3 of the IP Code of the Philippines:

In the case of work created by an author during and in the course ofHis employment, the copyright shall belong to:

(b) The employer, if the work is the result of the performance of his regularly assigned duties, unless there is an agreement express or implied to the contrary.

Hechanova_Editha-100

Editha R Hechanova


Hechanova & Co., Inc.Ground Floor, Salustiana D. Ty Tower104 Paseo de Roxas Ave, Makati City 1229PhilippinesTel: +632 888 4293Fax: +632 888 4290

editharh@hechanova.com.phwww.hechanova.com.ph

more from across site and SHARED ros bottom lb

More from across our site

AIPPI has pulled the plug on its planned 2027 World Congress, and INTA has seemingly committed to hosting a meeting there, but the concerns won’t abate
Despite being outspent by a wealthy opponent, a trial attorney at King & Spalding says ‘relentless pursuit of the truth’ helped his team secure a $420m damages award for mobile gaming client
190 drugs face loss of exclusivity between 2026 and 2030, with the list including Bristol Myers Squibb’s blood-thinning drug Eliquis and immunotherapy medication Opdivo
Nokia, represented by a team from Bird & Bird, adjudged to have made fair offer to Asus and Acer in UK SEP dispute
Azhar Sadique and Kane Ridley, who founded the London office in 2023, are now both working in legal tech and AI-related roles, while another UK-based lawyer has also left
Partner Pierre Pérot rejoins the firm he left in 2022 alongside another returning lawyer, associate Camille Abba
Vaping dispute, in which Stobbs and Brandsmiths are the representatives, tested how the UK's Human Rights Act can apply to injunctions restraining unjustified threats
An AI platform being sold for £40m, and lateral hires involving law firms Womble Bond Dickinson and Cadwell Thomas were among the top talking points
With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Gift this article