Flashcards Studio

An environmental agency hires a staff photographer to document a nationwide cleanup campaign. While performing his official duties, the photographer creates two works: (i) a photo essay on the campaign, and (ii) a set of promotional posters featuring the same subjects. The agency’s employment contract provides: “All rights in works created by the employee in connection with this project shall be owned by the Agency.” After completion, the Agency uses both works in its reports and campaign materials. (a) Who owns the copyright in the two works? (b) Do the photographer’s moral rights survive, and if so, what implications do they have for the Agency’s use of the works? (c) Can the Agency modify or otherwise exploit the works without the photographer’s consent? Explain grounded on Philippine law.