2013 (Mercantile Law) Bar Exam Questions: Essay Question 4

[Answer/discuss the question below. Or check Mercantile Law Instructions; Mercantile Law Essay Questions: 1, 2, 35, 6, 7, 8, 9 and 10; Mercantile Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

IV.

Rudy is a fine arts student in a university. He stays in a boarding house with Bernie as his roommate. During his free time, Rudy would paint and leave his finished works lying around the boarding house. One day, Rudy saw one of his works — an abstract painting entitled Manila Traffic Jam — on display at the university cafeteria. The cafeteria operator said he purchased the painting from Bernie who represented himself as its painter and owner.

Rudy and the cafeteria operator immediately confronted Bernie. While admitting that he did not do the painting, Bernie claimed ownership of its copyright since he had already registered it in his name with the National Library as provided in the Intellectual Property Code.

Who owns the copyright to the painting? Explain. (8%)

5 comments

  1. Rudy, IPC discussion on copyright which is vested to the creator at the precise moment of creation, no need to register the work to acquire the copyright. It is vested automatically

  2. anon pareho tayo ng sagot.sana tama tayo.kung papasa ka isama mo ako sa pagpapasa. Becoming a lawyer is a tedious process. Ayaw ko na umulit. hahaha

    1. Hehe, isama nyo din ako sa pagpasa nyo kasi ako di tlga komportable sa over all performance ko sa bar, kumbaga 50/50 chance pa rin tlga.

  3. I answered the question by discussing who between Rudy, Bernie and the Cafeteria owns the copyright. For me there are 3 parties involved claiming ownership of the copyright. So, I presented my answer ruling out the claim of Bernie and the cafeteria.

  4. nice answer let the sky fall,we all have the same answer. it will be spotted on how we presented it. hayyyy it is determined how tired are we on that moment.

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