THE COPYRIGHT LAW OF THE PHILIPPINES
AS COMPARED TO CHINA’S COPYRIGHT LAW
“Next to the Word of God, the noble art of music
is the greatest treasure in the world.”
Martin Luther
MUSIC MUSIC MUSIC.......
MUSIC is an art of arranging tones in an orderly sequence so as to produce unified and continuous composition. In reality, music does not have any concrete or exact meaning. Music has different meaning to people depending on how they viewed it.
Music is a form of entertainment that can make or break your day. It became part of our daily lives. It is also the best resort of comfort whenever someone feels sad or happy. Indeed, music is very powerful.
Every generation have their own kind of music like OPM, pop, rock, classical, regae, acoustic, r&b, and the likes. Despite the differences in musicality, the inportance of music can never be measured.
Music plays a big role in my life. I can say that I am a music lover. I love to sing. I love listening to my ipod and put the volume to its maximum and to just forget the world. I really can't go out of the house without my ipod with me.
For me, it’s fine to left my phone in the house rather than my ipod. Indeed, ipod and music became my life, my companion in every travel i make, my sort of happiness, my soul. Music became my refuge when everybody else left me. I love to sing songs that best express my personality. I love how it touches my heart, my life and how it influences me.
Music is everywhere, in the streets, even in the vehicle such as tricycle, bicycles, and even vendors in the street have their own unique music.
I remembered when i was in college when my friends and i used to bring musical instrument in school like guitar, beatbox, tambourine and even harmonica. Whenever there is no class or we have long hours of break, we used to jam, sing and even tapping the desk of our chairs just to produce a unique sound.
The ultimate bonding i have with my friends and the happiest bonding ever is whenever we are in a karaoke house. It feels like we’re in heaven and make the most out of time like there is no tomorrow. Almost all of my friends are gifted with good voice and that’s the best thing about our friendship, we have same likes. Friendship plus good music equals love.
I am really amazed on how music can influence one's life and how powerful it is. Specially now, campaign season is on going. Music is used to endorse a candidate. Good and popular music is used to influence people. The good and popular it is, the better.
Music is indeed part of every Filipino but the question is "do we have good laws to protect the person or people behind the music industry? Does the government give importance to the Filipino musicians? Do we have good laws to protect their rights?"
As you go along reading this article you will find answers to those questions and the status of the music industry in the Philippines as compared to other countries. Do we have better laws than them? Let us see.
COPYRIGHT LAW OF THE PHILIPPINES
The copyright law of the Philippines is embodied in the Intellectual Property Code of the Philippines or the Republic Act 8293. The intellectual Property Code includes also the law on patent, trademark, and the likes. The Intellectual Property Office is the one responsible for everything. It starts from application, examination of the application, granting letters of patent, trademark, copyrights and the likes. The office is individed into six bureaus as of the moment but there is an amendment that is on going amending the the bureaus and making it seven (Senate Bill 2842). The Senate Bill 2842 tends to amend some of the provision of the RA 8293.
WHAT IS COPYRIGHT?
Copyright is a legal concept that gives the creator an original work exclusive right to it, usually for a limited period of time.
WHAT ARE THE WORKS PROTECTED UNDER COPYRIGHT LAW?
The scope of copyright is confined to literary and artistic works which are original intellectual creations protected from the moment of their creation. Works include books, phamplets, newspaper, lectures, letters, dramatico-musical composition, and works of drawing, illustrations, maps, photographic works, MUSICAL COMPOSITION, audiovisual works, pictorial illustrations and the likes. The works are protected by the sole fact of their creations, irrespective o the mode on how they are form, quality and purpose.
Derivative works are also works that are proctected under copyright law. Derivative works are creations that are based on an exiating work. A derivative work is a new, original product that includes aspects of a preexisting, already copyrighted work. Also known as a "new version," derivative works can include musical arrangements, motion pictures, art reproductions, sound recordings or translations (sec.173, RA 8293).
WHAT ARE THE WORKS NOT PROTECTED UNDER THE COPYRIGHT LAW?
Under the law, no protection shall be accorded to any idea, procedure, system method, concept, principle, data, discovery, any official text from any of the three branches of the government, or any news of the day.
RULES ON COPYRIGHT OWNERSHIP.
The works on original literary and artistic, the copyright of it belongs to the author of the work. But if the work by the author during the course of his employment and is the result of his regularly-assigned work, the ownership shall belong to the employer. On the other hand, if the work of the employee is outside his assigned work even if he uses the facilities of the employer, ownership belongs to the employee.
Author is the natural person who has created the work. (sec.171, RA 8293)
If the works are accomplished by joint ownership, the co-authors are the xopyright owners. In the absence of stipulation so as to the owner of the work, rule on co-ownership under the civil code will govern.
Copyright like any other ordinary property may be assigned in whole or part. There are lots of limitations on copyright one of the limitation is that once the work has been published to the public, one may use it provided that it is for private use and free of charge or made for charitable or religious purposes.
SCOPE OR DURATION OR THE LIFE OF THE COPYRIGHTABLE WORK.
The works that are protected under copyright last during the lifetime of the author and 50 years after his death.
REMEDIES FOR INFRINGEMENT.
Any person infringing a right protected under the law shall be liable under law. The court may order the person who infringes to restrain from using the copyrightable work and may be civilly and criminally liable.
WHAT IS THE STATUS OF THE PHILIPPINE MUSIC INDUSTRY?
The Philippines is gifted with lots of great musicians. The sad part is, they are not given much importance as what they deserve.
We, Filipinos are great singers and composers and we have proven that in international society by winning in international competitions. We have known in the world not just on sporty things but also in the field of music. Lea Salonga is the best proof on that. She is know to be best ever person who played in different role in theater.
But despite our great talents, why is that our music industry dying? What are the problems? Is there enough laws to protect their rights?
There are so many factors that greatly affect our music industry. First, we give so much importance in the music of foreign nationals.
One of the best examples is the concert thing, concert of local musicians over foreign musicians. Filipinos supports foreign musicians so much, watch their concert live even if it will cost them a lot. Take note, they are not satisfied that they will watch the foreign performer live, they want to be in front, they are dying just to take the VIP seats that cost five times or even ten times the cost of Filipino performers having concert. I feel so sad about the reality. Haven't they realized that Filipino musicians are far better than them. Those Filipino musicians perform with heart and full of passion. They give all their hearts out just to rely and to interpret their songs well. We have lots of goods singers, songs and the likes and that's what Filipino should patronize.
There are so many great Filipino musicians having their concert in small venues but still not jam-packed! Knowing that the cost of the ticket is much cheaper than concerts of foreign musicians.
Secondly, one also of the most pressing problem of the music industry is the piracy.
Physical music piracy "is the making or distribution of copies of sound recordings on physical carriers without the permission of the rights owner. The term "piracy" refers to activities that are of a commercial nature, including activities that cause commercial harm. The packaging of pirate copies may or may not be different from the original.
Vendors, who are selling pirated Cd's, are scattered everywhere like in the mall, streets, parks, markets. Piracy in the Philippines is indeed very rampant.
On the other side, i am not surprised why Filipinos love to buy pirated ones. The very reason is because of its affordability and its good quality sometimes. Pirated cd's costs more way cheaper than the original one. The origanal cd's costs almost ten times the value of the pirated ones.
Thirdly, one of the also is the online piracy. it's very easy to download songs online. There are a lot of ways on how you can download music using internet. With just one click, music is already in your hands. the happiest part of it, it will not cost you anything.
WHAT SHOULD BE THE DIRECTION OF THE PHILIPPINE COPYRIGHT REFORM?
The Philippines should strenghten its copyright law. We have lots of potentials in the music industry. Some of our songs are being translated in different languages. We should protect the rights, aleviate and protect our music industry.
Our music industry may be in its downside because of the problems I enumerated above. But i think with the good laws that need to be passed like the Senate Bill 2847 and Senate Bill 387, surely the rights and protection that our artist will be met.
Senate 2847 is an act submitted by senators who wishes to amend some of the provisions in the current Intellectual Property Law. One of the amendments that the bill wishes to amend is the organizational structure of the Intellectual Property Office. Presently, the office is composed only of six bureaus and No bureau is alotted for the copyright. The copyright bureau is being added to the bureau making it seven.
The Senate Bill 387 is the bill that wishes to promote the development of the Philippine Music Industry. The bill is also known as the Music Industry Development Act of 2007. As the title of the bill, it wishes to strenghten and to give more importance to our own musical industry.
The bill is inconsonance with the provision in the 1987 Constitution under Article XIV, Section 13 which states that “Arts and Letters shall enjoy the patronage of the state. The State shall conserve, promote and popularize the nation's historical heritage and resources as well as artistic creations."
THE COPYRIGHT LAW AND THE MUSIC
INDUSTRY OF CHINA
The China's Intellectual Property rights are protected under the People's Republic of China (PRC). China patterned its Intellectual Property Laws on Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade related Aspects of Intellectual Property Rights. The People's Republic of China is a signatory of different International Organization that protects the Intellectual Property Rights such as World Intellectual Property organization (WIPO).
Though China is a signatory of different international conventions protecting Intellectual property, their enforcement suffers difficulty. For example, the law on intellectual property in China was established in 1982, but the IPR training center was only established in 1996.
The copyright law of China is governed by the Copyright Bureau.
The protected rights under the copyright of PRC are almost the same with ours. The copyrightable works includes literary works, oral works, music works, choreographic works, photographic works, computer software, drawings and the likes
China protects also the rights of foreign nationals and can seek also protection in their country. Copyrightable works like any other ordinary can be assigned in whole or in part but China exclude the moral right of the owner. Moral rights include the right to claim ownership of the work and the right to object in any diatribution, mutilation and the likes.
The copyright term is the life of the author plus 50 years after his death in most cases, but for cinematographic and photographic works and works created by company or organization the term is 50 years after its first publication.
The music industry of China is on its downside nowadays. There are many factors why the music industry of China is greatly affected. Some of the reasons are Copyright infringement and excessive political influence and control.
Music copyright infringement in China is widely regarded as one of the highest in the world. Almost 90% of the music sales in china are unathorized, most coming from downloads and online piracy. The problem with china is that they do not have legitimate online music server such as iTunes that sells copyrightable works online.
With a large amount of music copyright infringement in China, it promulgates rules and regulation to stop the online piracy and protect the copyrightable works online. China seeks help with numbers of media industry association to help them fight online piracy.
WHAT ARE THE PEIVILEGES THAT ARE GRANTED TO FILIPINO MUSICIANS AS COMPARED TO CHINA's MUSICIANS?
First, the royalties belongs to the owner of the songs including the composer, singer, record producer and the likes. While in China, yes royalties also belong to the owner of the songs but only for a definite period of time and after the time specified, the royalties will be collected by the government of China.
Second, Filipino musicians under the economic rights of owners have the right to prevent or authorize a person to reproduce his works, to translation, transformation, abridgment and the likes of his works. Unlike in China, under their recent amendments to their copyright law specifically in their music industry, it allows sound recordings to be used by non- copyrightable owners three months after the work are released. It means that it allows others to just use, record or distribute songs after the period given by the government even without the consent of the owners.
Third, the works that are protected under the copyright law last during the lifetime of the owner and 50 years after his death. In China, under their new law, the owners of music only have three months life after it’s released.
Fourth, Philippines have laws protecting the rights of the owners. It has amendments to better protect their rights. The enforcement of the laws against infringement is way better than China.
Fifth, we have iTunes and digital shop where can buy songs online while China till now has no such legal online shops.
CONCLUSION
The Philippine copyright law is far more fortunate that China. We have better enforcement than them and that is because every department, agency or even branches of the government in achieving one goal, that is to fight copyright infringement. Optical Media Board helps a lot in eliminating the selling of pirated CD’s in the malls and other areas in the Philippines. Unlike China, copyright infringement is still there number problem. Thus, if we want our music industry to be empowered, we must follows laws and avoid acts of infringement that slowly kills the industry.
intellectual property law by Furna
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