Template talk:PD-PhilippinesGov

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Fairytale Trash Questionmark No.svg

This template was nominated for deletion on but was kept.
The deletion debate is here. Please consider that decision before you re-nominate it.


العربية | বাংলা | Čeština | Dansk | Deutsch | English | Español | فارسی | Suomi | Français | Galego | עברית | Magyar | Italiano | 日本語 | 한국어 | Lëtzebuergesch | Македонски | മലയാളം | Plattdüütsch | Nederlands | Norsk bokmål | Polski | Português | Русский | Slovenščina | Svenska | Türkçe | Українська | +/−

Copyright discussion[edit]

The following works are not protected by copyright law in the Philippines ([1]):

  1. Ideas
  2. Procedures
  3. System methods or operations
  4. Concepts
  5. Principles
  6. Discoveries or more data even if they are expressed, explained, illustrated or embodied in the work
  7. News of the day and other miscellaneous facts having the character of mere items of press information
  8. Any official text of a legislative, administrative or legal nature
  9. Official translation


The following works are copyrightable:

  1. Books, Pamphlets and other writings;
  2. Periodicals and newspapers;
  3. Lectures, sermons, addresses, dissertations prepared for oral delivery. Whether or not reduced in writing or other material form;
  4. Letters;
  5. Dramatic or dramatico-musical composition (T.V. or movie scripts), Choreographic works or entertainment in dumb shows;
  6. Musical compositions, with or without works;
  7. Works of drawing , painting, architecture, sculpture, Engraving, lithography or other works of art, models or designs of work of art;
  8. Original ornamental designs or models for articles of manufacture; whether or not registrable as an industrial design, and other works of applied art;
  9. Illustrations, maps, plans, sketches, charts and three-dimensional relative to geography, topography, architecture or science;
  10. Drawings or plastic works of a scientific or technical racter;
  11. Photographic works and cinematographic works and works produced By a process analogous to photography; lantern slides;
  12. Audiovisual works and cinematographic works produced by a Process analogous to cinematography or any process for making audio-Visual recordings;
  13. Pictorial illustrations and advertisement
  14. Computer programs; and
  15. Other literary, scholarly, scientific and artistic works.

Copyrighted photographs are protected for 50 years after publication.

You need pre-approval to publish photos by the Philippine government if you have any intention of using the photos commercially: From the Republic Act 8293 ([2]), section 176:

"No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use for any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, first par., P.D. No. 49)"

All photos on WikiCommons must be available to any use, including commercial use. As I understand, this excludes photos from the government of Philippines where no explicit approval has been granted.

Thuresson 23:39, 16 June 2006 (UTC)

Rephrase the template[edit]

We now have 2 DR's Commons:Deletion requests/Template:PD-PhilippineGov and Commons:Deletion requests/Template:PD-PhilippinesGov saying that we should rephrase the template. Now we just have to figure out how to do it.

Per discussion we should say something like:

  • no copyright subsists in "statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character", which may be reproduced without restriction; and
  • no copyright subsists in other government works, created before November 14, 1972; and
  • no copyright subsists in other government works, created after November 14, 1972 but the government requires that anyone wishing to exploit such a work for profit seek prior approval from the government agency or office in which the work was created and may have to pay a royalty.

Ideas, suggestions, corrections and improvements are welcome. --MGA73 (talk) 11:52, 5 June 2012 (UTC)

And en:Template:PD-Philippines states that "This file is in the public domain in the United States only if it entered the public domain in the Philippines prior to 1996." If that is true then we need to add that to the template as well. --MGA73 (talk) 11:55, 5 June 2012 (UTC)
No. If a work never entered copyright due to law, it cannot have a copyright in the US either. -- Liliana-60 (talk) 18:15, 5 June 2012 (UTC)
Are you sure about this? Under US law, utilitarian objects are ineligible for copyright. Thus, it would appear that the Mini Maglite torch never entered copyright in the source country due to law, since the source country is the United States. However, the torch was nevertheless ruled to be copyrightable as an artistic work in Sweden by the Swedish Supreme Court, see here. However, if what you wrote is correct, the torch would be ineligible for copyright worldwide. --Stefan4 (talk) 12:42, 7 June 2012 (UTC)
I meant "never entered copyright due to law" as in that the work is explicitly ruled exempt from copyright, not that it is not creative enough to pass the threshold of originality, which is a whole different thing. -- Liliana-60 (talk) 13:34, 7 June 2012 (UTC)

Images[edit]

per Commons:Deletion_requests/Template:PD-PhilippineGov

Am I correct in understanding that images made by the Philippine Givernment are able to use this template?

--User 50 (talk) 12:54, 24 August 2013 (UTC)

No. This template only works for official texts and translations of that texts. You cant use it for pictures. --Martin H. (talk) 18:15, 24 August 2013 (UTC)
It's not nearly so clear cut. Philippine law clearly states that there is no copyright protection for government works, including pictures. That was directly inherited from the US copyright law. But then there is another clause giving some commercial rights to the government -- which may not, strictly speaking, be copyright and may only exist in the Philippines. Naturally, the only case I've seen which upheld that separate protection was over some official works (judicial decisions I think) which by the looks of it were supposed to be exempt from that section. Furthermore that separate protection only started from the early 1970s so there is even better reason to allow works before that. It's a muddy situation though. Look at the first DR above for more details. But we have been allowing some photos, I think. Although they may not be usable commercially in the Philippines itself -- the question is if it is a non-copyright restriction or not. Carl Lindberg (talk) 17:01, 7 September 2013 (UTC)