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Authors or creators of copyrighted works have the exclusive right to carry out, authorize or prevent, among others, the reproduction of the work or substantial portion of the work, and other forms of exploitation of the work. As a limitation in the exercise of these exclusive rights, the Intellectual Property Code provides for the concept of fair use.
The Intellectual Property Office of the Philippines (IPOPHL) recently issued Guidelines on Statutory Fair Use in the Intellectual Property Code ("Guidelines"), which clarify the conditions to be satisfied in the use of a copyrighted material in a manner that does not infringe on intellectual property (IP) rights.
For copyright owners, they must take note of the limitations on the use by others of their copyrighted works. For other parties who intend to use or exploit the copyrighted works without the consent of the author, creator or copyright owner, they must ensure that they comply with the requirements provided by the Guidelines in order to avoid any finding of copyright infringement.
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