Mercantile Law: Bar Question 2

Bar Question:

Eloise, an accomplished writer, was hired by Petong to write a bimonthly newspaper column for Diario de Manila, a newly-established newspaper of which Petong was the editor-in-chief. Eloise was to be paid P1,000 for each column that was published. In the course of two months, Eloise submitted three columns which, after some slight editing, were printed in the newspaper. However, Diario de Manila proved unprofitable and closed only after two months. Due to the minimal amounts involved, Eloise chose not to pursue any claim for payment from the newspaper, which was owned by New Media Enterprises. Three years later, Eloise was planning to publish an anthology of her works, and wanted to include the three columns that appeared in the Diario de Manila in her anthology She asks for you legal advice: (A) Does Eloise have to secure authorization from New Media Enterprises to be able to publish her Diario de Manila columns in her own anthology? Explain fully. (4%)

 

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Suggested Answer:

Eloise may publish the columns without securing authorization from New Media Enterprises. Under Sec. 172 of the Intellectual Property Code, original intellectual creations in the literary and artistic domain are protected from the moment of their creation and shall include those in periodicals and newspapers. Under Sec. 178, copyright ownership shall belong to the author. In case of commissioned work, the person who so commissioned work shall have ownership of work, but copyright shall remain with creator, unless there is a written stipulation to the contrary.