Creative Commons icons and the protection of works
There is a mistaken notion that Creative Commons icons (such as the one on the right sidebar) provides for the positive act to protect copyrighted works.
The truth of the matter is that copyright laws protect the copyrighted work. Section 172.2 of Republic Act 8293 or the Intellectual Property Code of the Philippines provides that “Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose.” By the fact of creation, works created are ipso facto protected by copyright laws. Registration, as required by Section 191 thereof1 merely provides for the best evidence as to the right of one person over a work (and, of course, avoids the penalties, if any, imposed as a result of non-compliance of Section 191).
Providing a Creative Commons license on one’s website or one’s work would indicate that the owner of the site or of the work is allowing any person, who would come across the website or work, permission to use the work according to the terms the owner has specified. Contrary to expectations towards consolidating one’s copyright (”All Rights Reserved”), it actually indicates permission in sharing but with “Some Rights Reserved.”
Nevertheless, it would be similarly erroneous to claim that Creative Commons licensing does not protect the copyright of works. Since the work is merely licensed (non-exclusively) and not dedicated as part of public domain, certain rights of the license under copyright law remain intact. The parameters of which rights are not waived are provided in the conditions imposed in the Creative Commons license. Further, since the license serves as a contract according to the Philippine-ported licenses (or in the terminology of the Unported license and other jurisdictional license: “to the extent this license may be considered to be a contract,”), besides the benefits of protection based on the copyright law, it shares the benefit of protection based on the laws on contracts.
Endnotes
- Section 191. Registration and Deposit with National Library and the Supreme Court Library. - After the first public dissemination of performance by authority of the copyright owner of a work falling under Subsections 172.1, 172.2 and 172.3 of this Act, there shall, for the purpose of completing the records of the National Library and the Supreme Court Library, within three (3) weeks, be registered and deposited with it, by personal delivery or by registered mail two (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe. A certificate of deposit shall be issued for which the prescribed fee shall be collected and the copyright owner shall be exempt from making additional deposit of the works with the National Library and the Supreme Court Library under other laws. If, within three (3) weeks after receipt by the copyright owner of a written demand from the directors for such deposit, the required copies or reproductions are not delivered and the fee is not paid, the copyright owner shall be liable to pay a fine equivalent to the required fee per month of delay and to pay to the National Library and the Supreme Court Library the amount of the retail price of the best edition of the work. Only the above mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Court Library. [↩]
