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Philippine Education Co. v.

Sotto and
Alindada News, items, editorial paragraphs, and articles in
periodicals may also be reproduced unless they
(January 29, 1929; Johns, J.) contain a notice that their publication is reserved
or a notice of copyright, but the source of the
Facts: Petitioner corporation contracted reproduction or original reproduced shall be
with Austin Craig for the preparation and cited. In case of musical works parts of little extent
may also be reproduced.
publication of an original article to be written
by him concerning Mrs. Jose Rizal, to be
The language is plain, clear, definite and
published exclusively in the Philippine
certain. Under the 2nd paragraph of Sec 5,
Education Magazine. Craig delivered an
Act No. 3134 (Copyright Law), where one
article to petitioner entitled The True Story
periodical purchases, pays for and
of Mrs. Rizal, which was published by
publishes an articled with notice that all
petitioner in its magazine issue of
rights thereto were reserved, another
December 1927, which was placed on the
periodical has no legal right to again publish
market for sale in the early part of the
the article without giving the source of
month. In said issue, the plaintiff placed a
reproduction or citing the original from which
notice that all rights thereto were reserved.
it was reproduced.
Said article was copied and reproduced and
The provision is clear that it does not
published in the weekly issues of The
require notice of copyright only. It is
Independent of December 24th and
sufficient that the original article contains a
December 31, 1927, without citing the
notice in substance that their publication is
source of its reproduction. Upon the
reserved.
discovery of such publication, plaintiff called
the defendants (proprietor and publisher of
This exception is specifically confined and
The Independent, respectively) attention to
limited to news items, editorial paragraphs,
the fact that the article in question was
and articles in periodicals, and hence could
published without permission or even the
not be made to apply to any other provision
courtesy of an ordinary credit line.
of the Copyright Law.
The editor, in answer to the letter sent by
As it is not contended that the plaintiff
plaintiff, claimed that as the plaintiff had not
published the article with a notice that we
registered the rights on the article under the
reserve all rights, and the defendant
Copyright Law, any newspaper can reprint
published said article without citing the
the article of Craig without permission from
source of the reproduction, the Court
anybody. The article was again published in
rendered judgment against defendant for
the next issue of The Independent.
P500.
Issue: WON the article entitled The True
Judgment: Affirmed.
Story of Mrs. Rizal, became public property
because the plaintiff failed to have it
registered in its name under the Copyright
Law, and as such, may be reproduced and
published without plaintiffs consent. [NO]

Ratio:
Sec 5 of Act No. 3134 provides that

Lines, passages, or paragraphs in a book or other


copyrighted works may be quoted or cited or
reproduced for comment, dissertation, or criticism.

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