- #HOUSE OF VELEZ PART 2 NO COMMENTARY SOFTWARE#
- #HOUSE OF VELEZ PART 2 NO COMMENTARY CODE#
- #HOUSE OF VELEZ PART 2 NO COMMENTARY SERIES#
Accordingly, if the recipient of the royalty is a domestic corporation or another reseller/distributor, the royalty payment will be subject to a withholding tax of 20% based on the gross amount. In a transfer of copyright rights where not all substantial rights have been transferred, the payment shall be treated as royalty income. If, however, the transaction involves the transfer of ownership over the entire copyright, the payment shall be classified as "business income" (Revenue Memorandum Circular no 44-2005). In cases involving the transfer of copyright (not involving all substantial rights since the rights granted to the transferee/licensee are limited in scope or require the copyright owner's authority or consent to use or exploit), the payment shall be classified as "royalties". In a transaction where not all substantial rights are transferred, this will be considered as a licence giving rise to royalty income. The determining factor in characterising the nature of the payments in software-related transactions is whether, taking into account all facts and circumstances, there has been a "transfer of all substantial rights in the copyright".
#HOUSE OF VELEZ PART 2 NO COMMENTARY SOFTWARE#
The provision of know-how relating to software programming techniques (RMC no 44-2005).įull or partial transfer of copyright in software The provision of services for the development or modification of the software or (full or partial) transfer of a copyright right in software Ī transfer of a copy of the software (a copyrighted article) Software-related transactions may fall under any or more of the following categories: Software (a computer program) is included in the enumeration of "literary and artistic works" which are original and intellectual creations in the literary and artistic domains and are protected at the moment of their creation (Section 172, Intellectual Property Code). Software is "generally assimilated as a literary, artistic or scientific work protected by the copyright laws of other countries", and that "payments in consideration for the use of or the right to use a copyright relating to software are generally royalties" (Revenue Memorandum Circular no 44-2005). It can be transferred as an integral part of the computer hardware or in an independent form available for use on a variety of hardware. It may be standardised with a wide range of applications or be customised for specific users. It can be transferred through a variety of media, for example in writing or electronically, on a magnetic tape or disk, or on a laser disk or CD-ROM, or it can be downloaded through the internet or through a network.
#HOUSE OF VELEZ PART 2 NO COMMENTARY SERIES#
These are particular attributes of ownership which the copyright owner may allow third parties to utilise, benefit from, or enjoy subject to the payment of an agreed consideration.Ī program, or a series of programs, containing instructions for a computer required either for the operational processes of the computer itself (operational software) or for the accomplishment of other tasks (application software). The term "copyright rights" may therefore be understood as pertaining to the inherent right of the copyright owner to derive economic benefit from his copyright or, in general, to prevent others from benefitting or profiting from it without his authority. Other communication to the public of the work. Public display of the original or a copy of the work Rental 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 The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership
Reproduction of the work or a substantial portion of the work ĭramatisation, translation, adaptation, abridgment, arrangement or other transformation of the work
#HOUSE OF VELEZ PART 2 NO COMMENTARY CODE#
The Intellectual Property Code defines the term "copyright or economic rights" as consisting of the exclusive right to carry out, authorise or prevent the following acts:
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