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4.1 legal matters gaite


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  • At the moment the BOT is having a special board meeting, and I was just advised that Mr. Ceasar Apostol has been elected as the President of the Board.
  • Our late chairman was able to say it better -
  • Transcript

    • 1. MUSIC COPYRIGHT 1st Elements National Songwriting Camp 7101 Music Nation November 14 - 20, 2010 Dumaguete City
    • 2. The Beginnings of Copyright 1600 1600 1800 – global spread1600 1890 – mass production1700
    • 3. The Beginnings of Copyright The BERNE Convention of 1886 Coverage : Literary, Scientific, and Artistic works Signatories : 161 countries (as of 2006) Administration : World Intellectual Property Office National Treatment Underlying Principles Automatic Protection Minimum Standards: Levels of Rights Protection Economic – Reproduction, Broadcast, Transmission, Communication to the public, Translation, Adaptation, Audio-visual use. Moral – to claim authorship, and to object to modification and derogatory actions Term of Protection – Life of author plus 50 years Provisions for fair use
    • 4. Copyright in the Philippine Setting Signatory to the BERNE Convention in 1951 Several R.A.s and E.O.s subsequently but not conforming to the prescriptions of the Berne Convention until 1997. RA 8293 (Intellectual Property Code of the Philippines) was passed in 1997, and enacted in January 1998 Comprehensive and specific laws governing patents, trademarks and copyright enforced through the Intellectual Property Office of the Philippines (IPO) RA 8293 currently being reviewed for possible amendments to address digital applications.
    • 5. From the moment of creation, A composer is entitled to a bundle of exclusive rights Economic Rights Reproduction Right Communication to the Public Right Publication Right Adaptation Right Making Available Right Moral Rights
    • 6. Economic Rights Reproduction Rights Mechanical Rights – the right to reproduce the work using a mechanical device Synchronization Rights – the right to reproduce the work with visuals Communication to the Public Rights Broadcasting – the right to relay the work by wire or wireless means Cable Transmission – the right to relay the work through cable networks Making Available – the right to make the work accessible to the public at a time and place that an individual chooses Public Performance – the right to allow the work to be performed in public (live or via mechanical means) Legal Definition of “PUBLIC” Publication Rights – the right to reproduce the work in print form Adaptation Rights – the right to translate or revise the work
    • 7. Moral Rights The right to require that authorship, as far as practicable, be attributed to him The right to make alterations of his work or refuse any form of publication The right to object to alterations and distortions that may be prejudicial to his honor and reputation The right to prevent the use of his name with respect to any work that is not his creation or to a distortion of his work.Term of Protection Author’s life plus 50 years For joint authorship, last surviving author’s life plus 50 years If creator is unknown, 50 years from publication/making
    • 8. Limitations and the Concept of Fair Use FAIR USE: For criticism, comment, teaching, news reporting, teaching, scholarship, research and similar purposes Public performance that is done in private and free of charge, or for purely educational or religious purposes. The reproduction and communication to the public of artistic works as • part of reports of current events by means of to the extent necessary for the purpose The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast The use of a work under the direction and control of the Government, the National Library, or for any judicial proceedings.
    • 9. Whenever possible, the individual management of rights is preferred Reproduction Right Publication Right Adaptation Right Making Available Right Communication to the Public Right
    • 10. Communication to the Public Right Too many music users Foreign usage Economies of Scale Convenience for business ownersCollective Management Organizations (CMOs) were formed to manage the rights that are difficult for creators to handle as individuals.Filscap is the only composers’ CMO in the Philippines
    • 11. FILSCAP, INCEstablished in 1965Primary function is to collect publicperformance royaltiesAdministers and managesother economic rights(mechanical reproduction andadaptation rights) for a fewcomposers
    • 12. WHAT WE DO Assigns: Public Performance Composers Assigns: Reproduction Rights Licenses Publication Rights Public Public Performance Adaptation Rights Assigns: Performance Licenses Reproduction Rights Publication Rights Adaptation Rights Publisher End Users
    • 13. WHAT WE DO Composers Distributes Public Performance Royalties Distributes Reproduction, Pay License Adaptation, and FeesPublication Royalties Pay Reproduction, Adaptation, and Publication Royalties Publisher End Users
    • 14. Foreign AffiliatesSister Societies•Independent Agencies• Denmark Sweden CANADA Lithuania SOCAN United Kingdom Czechoslovakia Hungary SODRAC HollandGermany Switzerland Netherlands Ireland Slovak Republic USA ASCAP, Belgium Austria BMI SESAC, FranceItalyGeorgia Spain KoreaJapan HFA Greece Macau Taiwan Cuba Hongkong Thailand Peru Malaysia Singapore Colombia Indonesia Brazil South Africa Australia Argentina Currently being finalized – India, Mexico, and Brazil (Abramus)
    • 15. MEMBERSHIP Regular Members Songwriters who have published, recorded, or publicly performed works • Music Publishers •AssociatesCopyright Owners/Successors•Songwriters with unpublished or unrecorded works• Membership Growth 10 9 8 7 6 5 4 3 2 1 0
    • 16. 2010 BOARD OF TRUSTEESStanding L-R: Noel Cabangon, Snaffu Rigor, Kedy Sanchez (RGMA) Gary Granada, Nonoy Tan, TitoCayamanda, Mon Del Rosario, Pablo Vergara, Ceasar Apostol (Star Songs),Seated L-R: Baby Gil, Doris Saturno, Rachel Dacillo (EMI), Trina Belamide, Ramon Chuaying(Universal Records), Alvin de Vera (Alpha Records)
    • 17. LICENSING Revenue Data (2005 to 2009) Performance Licensing (TOTAL)10 9 8 7 6 5 Mechanical Reproduction 4 3 2 1 0 Foreign Royalties 10 8 6 4 10 2 8 0 6 4 2 0
    • 18. LICENSINGRevenue Data (2005 to 2009) Total Revenues* 10 9 8 7 6 5 4 3 2 1 0 *From audited financial statements
    • 19. LICENSING2009 Revenue Sources
    • 20. DISTRIBUTIONHow We DistributeReturns Data Upload to Processed by Distribution Encoding MIS@Asia MIS@Asia ReportsCue sheets Foreign Remittance thru Telegraphic Transfer Checked by Tax deductions (Accounting Dept) membership unit Uploaded to ATM payment system (local recipients)
    • 21. MILESTONES1965 – ASCAP Assistance1980s – CISAC Assistance1994 – HRAP MOA1996 – Signing of Memorandum of Agreement with the KBP
    • 22. MILESTONES1997 – Enactment of Republic Act 8293 (Intellectual Property Code of the Philippines)2002 – Licensing Agreement signed with SM Prime Holdings 2004 – Signing of Licensing Agreement with GMA7 Network
    • 23. MILESTONES2004 – Signing of Licensing Agreement with ABS CBN2005 – Memorandum of Agreement with The Bureau of Immigration & Deportation
    • 24. MILESTONESAugust 2006 – Filscap purchases itsown propertyOctober 2007 – Filscap moves intoits own office
    • 25. MILESTONES March 2007 – FILSCAP is accepted as a regular member of CISAC2008 – FILSCAP opens its 1stbranch in Baguio City
    • 26. MILESTONES2008 – MOA signed with the Philippine Retailers Association (PRA) 2009 – Licensing agreement signed with the Robinsons’ retail stores
    • 27. MILESTONES2010 – The First Filscap Songwriting Competition
    • 28. CHALLENGES AHEADLONG TERM: Addressing digital usage and piracy Cost efficient licensing in an archipelago The slow wheels of justice Guns and GoonsSHORT TERM TARGETS P73.0M in revenues for 2010 P83.0M in revenues for 2011 Open Davao branch in 2011 Open Cebu branch in 2012
    • 29. George Canseco 1973-1987 - Board of Director 1988-1997 – President 1998-2005 - Chairman “Please continue with the fight to enforce our rights as composers!” “Always remember that we composers never die… we only decompose.”Filipino Society of Composers, Authorsand Publishers, Inc.