FACTS: Kaima, Pambie and Nikki took the bar exams. The Mercantile Law exam had an item on Intellectual Property law regarding copyright of a rap song entitled Warm Warm Honey by Mocha Warm. However, particular riffs of the song were found out to be from Under Hassle, a song by Majesty, a British rock band prominently featuring Fredo Uranus as its lead singer. Majesty sued Mocha Warm but the same was settled out of court. The three bar examinees were driven to madness by the difficulty of the exam and wrote a poem inspired by the question on intellectual property law. The particular lines and their authors are indicated below.
(Kaima) Warm, warm honey
it's a mystery
boiling point is 120
bagay na bagay sa iced tea.
(Nikki) Ihalo sa coffee
para siguradong wakie wakie
(Pambie) puwede rin sa kamikaze
at sawsawan ng berry
(Pambie) Galing sa bee
na mahilig habulin si Pambie
Warm, Warm, Honey
Break it down Baby, Yeah!
Questions and Suggested Answers:
1. Who owns the copyright of the poem? The mercantile law examiner, the examinees who became insane and Mocha Warm. There is no legal basis for the answer. It just fell from the heavens.
2. Where will Kaima get her royalty? Is it taxable? at what rate?
She will get it from the original artist, Majesty, who sued Mocha Warm but settled it out of court. If Kaima is a resident citizen (which I assume she is because she took the bar which was the proximate cause of her insanity) it will be taxable if sourced from either within or outside the Philippines, pursuant to Section 23 of the NIRC, as amended by the 2008 Bedan Barristers. It will be taxable at the rate that income tax is taxable, as part of the gross income if within the Philippines or as passive income at the rate of 10% final tax with no base.
Alternative Answer: Kaima will not get her royalty anywhere but it will be taxable because taxes are the lifeblood of the government.
3. Suppose that Nikki shoved a bee and the bee stung Pambie causing her death, who is criminally liable? What crime/s was committed?
Nobody is criminally liable because shoving the bee is not a felony, or a crime for that matter. Under Article 4 of the Revised Penal Code, a person is liable for the crime committed and all its natural and logical consequences. Shoving a bee is not a crime hence, there is no felony.
Alternative Answer: Murder was committed, through the qualifying circumstance of cruelty because the sting of a bee is very painful hence inflicting unnecessary pain upon Pambie. However, nobody is criminally liable because Nikki was insane at the time she shoved the bee as no person in his or her right mind would shove a bee.
Bonus Question: Is the Supreme Court entitled to any royalties? If so, how much? Feel free to invent a legal basis.
Song of the Hour: Heart of the Matter (by India Arie but originally by Don Henley-- who owns the copyright?)And the more I know, the less I understand
All the things I thought I'd figured out
I had to learn again
I've been trying to get down
To the heart of the matter
But my will gets weak
And my heart is so shattered