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25 Cards in this Set
- Front
- Back
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Sec. 216
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Remedies for infringement
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injunction
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216.1. a. To an [...] restraining such infringement. The court may also order the defendant to desist from an infringement, among others, to prevent the entry into the channels of commerce of imported goods that involve an infringement, immediately after customs clearance of such goods.
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actual damages
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216. 1 b. Pay to the copyright proprietor or his assigns or heirs such [...], including legal costs and other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in lieuof actual damages and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty.
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impounding
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216. 1.c Deliver under oath, for [...] during the pendency of the action, upon such terms and conditions as the court may prescribe, sales invoices and other documents evidencing sales, all articles and their packaging alleged to infringe a copyright and B22implements for making them.
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destruction
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216. 1.d. Deliver under oath for […] without any compensation all infringing copies or devices, as well as all plates, molds, or other means for making such infringing copies as the court may order.
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exemplary damages
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216. 1.e Such other terms and conditions, including the payment of moral and […], which the court may deem proper, wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case.
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seizure; evidence
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In an infringement action, the court shall also have the power to order the […] and impounding of any article which may serve as […] in the court proceedings.
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Sec. 177
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Copyright or economic rights
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reprduction
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Sec. 177.1 […] of the work or substantial portion of the work
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adapation
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Sec. 177.2 Dramatization, translation, […], abridgment, arrangement or other transformation of the work
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public distribution
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Sec. 177.3 The first […] of the original and each copy of the work by sale or other forms of transfer of ownership;
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rental
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Sec. 177.4 [...] of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental
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public display
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Sec. 177.5 […] of the original or a copy of the work;
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public performance
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Sec. 177.6 […] of the work
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communication
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Sec. 177.1 Other […] to the public of the work
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Sec. 186
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Copyright in a work of architecture
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control the erection
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Copyright in a work of architecture shall include the right to […] of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original:
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reconstruction or rehabilitation
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EXCEPTION in Copyright in a work of architecture - Provided, That the copyright in any such work shall not include the right to control the […] in the same style as the original of a building to which that copyright relates.
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Sec. 193
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Enumeration of moral rights
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Sec. 195
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Waiver of moral rights
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First Sale Doctrine
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After the first sale of the lawfully made copy of the copyrighted work, anyone who is the owner of that copy can sell or dispose of that copy in any way without any liability for copyright infringement. The first sale of an authorized copy of the work exhausts the author’s right to control distribution of copies.
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Must-Carry Rule
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Prevents cable television companies from excluding broadcasting organization especially in those places not reached by signal. Also, the rule prevents cable television companies from depriving viewers in far-flung areas the enjoyment of programs available to city viewers.
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Sec. 178
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Rules on ownership of copyright
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Sec. 176
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General rule that government does not own copyright
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Sec. 112.1
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An industrial design is any composition of lines or colors or any three-dimensional form, whether or/ not associated with lines or colors: Provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.
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