Factors Courts Consider in a Copyright Infringement Case

In the Philippines, “fair use” is one of the most common defenses raised when someone is accused of copyright infringement. It’s found in Section 185 of the Intellectual Property Code (RA 8293, as amended).

The idea behind fair use is that, in certain situations, you can use someone else’s copyrighted work without permission — as long as your use falls within the boundaries set by law. But it’s not a free pass. Courts decide on fair use on a case-by-case basis, weighing several factors before making a ruling.

The Four Factors of Fair Use in the Philippines

When a copyright case reaches court, judges look at four main things:

1. Purpose and Character of the Use

The first question is why you used the material. Was it for profit, or was it for education, research, criticism, or parody?

• If you used the work for teaching, research, or commentary, that usually leans toward fair use.
• If you used it to make money, especially without adding anything new, courts are less forgiving.

For example, in Habana v. Robles (1999), the Supreme Court allowed limited quotations from a book in another work, noting that criticism and commentary could fall under fair use. On the other hand, selling merchandise with another artist’s design — without permission — would clearly not be protected.

Courts also consider whether the use is transformative — meaning you added something new, such as commentary, parody, or new meaning. Parodies, for instance, often get more protection because they mock or criticize the original.

2. Nature of the Copyrighted Work

Courts look at whether the original work is factual (like a history book) or creative (like a song, novel, or painting).

• Factual or informative works are easier to copy under fair use.
• Creative works are more heavily protected.

So quoting from a published science article in a classroom report might be excused, but copying an entire short story to share with students without permission probably wouldn’t be.

3. Amount and Substantiality of the Portion Used

It’s not just about how much you took, but what part you copied.

• Copying a small, less important piece may be fine.
• Copying the “heart” of the work, even if it’s short, usually counts against fair use.

For example, in Avellana v. Philippine Journalists, Inc. (2014), the Court noted that even partial copying can still be infringement if it captures the most valuable and distinctive parts of the original work.

Think of it this way: taking just the intro riff from a famous song and using it in your own track — without parody or commentary — will likely count as infringement because it’s the most recognizable part.

4. Effect on the Market

Finally, courts ask: does your use hurt the market for the original work?

• If your copy acts as a substitute for the original and takes away sales, that’s a strong strike against fair use.
• If it doesn’t affect the original’s market, you have a better chance.

In Pearl & Dean v. Shoemart (2003), photocopying and selling educational books was ruled infringing because it deprived the publisher of legitimate sales.

Parodies are treated differently here — they might make fun of the original, but courts usually see that as criticism, not a replacement in the market.

Why Fair Use Is Tricky in the Philippines

Fair use sounds straightforward, but in reality, it’s a gray area. Even though the four factors are written into law, judges interpret them differently depending on the case. That means you can never be 100% sure that your use will be considered fair until a court decides.

That’s why lawyers often say: don’t rely on fair use unless you’re ready to defend it in court.

Practical Takeaways

• Teachers and schools may use excerpts for classroom instruction, but shouldn’t distribute full copies of entire works.
• Artists and content creators can rely on fair use when making parodies or critiques, as long as the use is transformative and not just a copy.
• Businesses should be extra careful — commercial use without permission is almost always a losing argument.

✅ Bottom line:
Fair use exists under Philippine law, but it’s not a guarantee. Courts balance all the factors and sometimes come out with unexpected results. If you’re in doubt, especially if your use is commercial, it’s best to consult an IP law expert. Firms like Brealant, Hechanova, or Federis regularly handle these cases before the IPOPHL and the courts, and can guide you before you risk an infringement claim.

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