Copyright infringement occurs when a person, without the authority of the copyright owner, exercises any of the economic rights exclusively belonging to the owner, such as reproduction, distribution, public performance, public display, or the making of derivative works, or when a person benefits from the infringing activity of another who commits infringement, having been given notice and having the right and ability to control the activities. The copyright owner has a range of remedies. Civil remedies include: an injunction restraining the infringement, including a preliminary injunction or a temporary restraining order to stop ongoing infringement; the payment of actual damages, including legal costs and other expenses, plus the profits the infringer made, or, alternatively, statutory damages within the range the law provides, which the court may award instead of actual damages, considering the nature of the infringement; the delivery and impounding, during the pendency of the action, of the sales invoices, documents, and infringing copies and the implements used to make them; and the destruction of the infringing copies and the plates, molds, or other means of making them, without compensation. Moral damages and exemplary damages may also be awarded in proper cases. Criminal remedies: copyright infringement is also a criminal offense, punished with imprisonment and fines that escalate with the offense (first, second, and third and subsequent), and the criminal action may be pursued together with or independently of the civil action. Administrative remedies before the IPOPHL are also available, including administrative complaints for infringement with the Bureau of Legal Affairs, which may impose fines and other sanctions. For online infringement, the copyright owner may send a notice and request takedown to the service provider, and service providers have safe-harbor rules and obligations under the E-Commerce Act and the IP Code. So a copyright owner may seek an injunction, actual or statutory damages, impounding and destruction of infringing copies, criminal prosecution, and administrative relief, plus takedown for online infringement.
What Infringement Is
Copyright infringement is exercising any of the owner's exclusive economic rights (reproduction, distribution, public performance, derivative works) without authority, or benefiting from another's infringement with notice and the ability to control it.
Civil Remedies
- An injunction (including a TRO/preliminary injunction) to stop the infringement;
- Actual damages plus the infringer's profits, or statutory damages the court may award instead;
- Impounding of infringing copies, invoices, and implements during the case; and
- Destruction of infringing copies and the means of making them, without compensation.
Criminal and Administrative
Infringement is also a crime, punished with imprisonment and fines escalating per offense, pursued with or independently of the civil action. Administrative complaints lie with IPOPHL's Bureau of Legal Affairs. For online infringement, send a notice and takedown request to the service provider.
Practical Takeaways
- Seek an injunction + damages (actual or statutory);
- Infringing copies can be impounded and destroyed;
- Criminal, administrative, and takedown routes are also available.
Frequently Asked Questions
What remedies does a copyright owner have? An injunction, actual damages plus the infringer's profits or statutory damages, impounding of infringing copies and implements, destruction of infringing copies, criminal prosecution, and administrative relief before IPOPHL.
What are statutory damages? Damages within a range the law provides that the court may award instead of actual damages, considering the nature of the infringement, which helps owners who find it hard to prove exact losses.
Is copyright infringement a crime? Yes. It is punished with imprisonment and fines that escalate for the first, second, and third and subsequent offenses, and the criminal action may be pursued with or independently of the civil action.
What can I do about online infringement? Send a notice and request takedown to the service provider hosting the infringing material. Service providers have obligations and safe-harbor rules under the E-Commerce Act and the IP Code.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.