Can unpublished works be subject to fair use?
Yes, the fact that a work is unpublished does not by itself bar a finding of fair use. Section 185.2 Intellectual Property Code of the Philippines requires consideration of all standard fair use factors even for unpublished material. While the author has the right to first publication, certain uses may still be permissible. This allows for critical analysis or scholarly research even on private manuscripts. “185.2. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.” January 7, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
