IP Code changes to benefit Filipinos

It is indeed about time that our intellectual property laws need amending to keep up with the times and help the country as well meet its treaty obligations.

Those pushing for its amendment, including the Intellectual Property Office of the Philippines or IPOPHL, are worried that “non-issues” being raised by some sectors may be blown out of proportion and even cause the death of the bill.

Some say that Congress erased the right of returning Filipinos to bring home music, movies and books from abroad. But the IPOPHL clarified that under the proposed IP Code amendments, Filipinos returning from abroad can bring in more than three copies of legitimate copyrighted works. 

Under the present Republic Act 8293, importation for personal purposes means that one is only entitled to import into the country up to three copies of copyrighted works in your personal baggage. Once imported, the present law also states that such copies cannot be used to violate the rights of the copyright owner, or else there will be liablility for copyright infringement. 

By deleting these provisions under the amendment, there is no longer any limit to the number of copies that can be imported. Also, importation shall not be considered copyright infringement if it falls under the general exceptions which includes fair use, IPOPHL said.

Therefore, contrary to reports that OFWs can no longer bring home copyrighted works, they can in fact bring home more copies for personal use that fall under the fair use exceptions. “The deletion of Sections 190.1 and 190.2 in fact allows for religious, charitable, or educational institutions to import more copies, for as long as they are not infringing or pirated copies, so that more Filipino students in the country may use such works. Moreover, the IPOPHL has a very good working relationship with the Bureau of Customs, hence, there can be no misinterpretation of the real intention of the amendment in the rules to be drafted by the Commissioner of Customs,” it added.

Jailbreaking is also not a crime under the amendments. Contrary to claims being made by some sectors, jailbreaking or any other form of circumvention of technological measures (as defined in Sec. 6 of the amendments), are not crimes in themselves. “The amendments require that you first be found guilty of copyright infringement, and that is the only time that jailbreaking or circumvention of technological measures increases the imposable penalty and damages that can be awarded by the courts. You still need to be found guilty of copyright infringement, as jailbreaking is merely an aggravating circumstance that increases the penalty,” IPOPHL noted.

It was also stressed that pirated music has always been illegal. “Downloading pirated music has always been illegal, and especially detrimental to our local artists. In fact, all organizations of Philippine singers, performers, composers, artists, and producers, have been pushing for the amendments because they have been severely affected by music piracy. However, even before the E-Commerce Act provision against piracy and hacking, downloading pirated music has already been penalized by R.A. 8293, enacted as early as 1997, which punishes copyright infringement or the reproduction of a work without authorization by the copyright owner (Sec. 177, IP Code).”

Also under the proposed amendments, IPOPHL emphasized that fair use exceptions to copyright infringement are now applicable both to copyright and related rights. 

The office explained the matter as follows: “ A single song can be the subject of many IP rights. The composer, lyricist, etc., has ‘copyright’ over the song, while producers, performers, and broadcasters have ‘related rights’  over it. Under the present IP Code, there are limitations to copyright, which do not apply to related rights. The bill in fact broadened such limitations and exceptions and narrows down what acts constitute copyright infringement as to related rights. The amendment of Sec. 212 of the IP Code in fact reinforces the general exception of fair use for infringement of related rights.”

IPOPHL also noted the following proposed amendments which are beneficial to copyright stakeholders, the creative industries, and the country in general, namely: the grant of enforcement powers to IPOPHL but with prior complaint from the IP right owner; establishment of the Bureau of Copyright and Other Related Rights (at present there is no entity performing the more substantial function of policy formulation, rule making, adjudication, research and education);  accreditation of collective management organizations or CMOs which are organizations that enforce the copyright of the copyright holders (through this mandate, IPOPHL will be able to monitor and promote good corporate governance among CMOs, benefitting not only the rights holders themselves but also the users of copyrighted works. Mall owners, restaurants, and other heavy users of music in their establishments will greatly benefit from this provision, as they are ensured that only legitimate collecting agencies can collect royalties from them on behalf of copyright owners); and clarification of the concept of copyright infringement, including secondary liability (provisions on copyright infringement will now  include contributory infringement,  circumvention of technological measures and rights management information as aggravating circumstances, and the option to collect statutory damages instead of actual damages; fair  use for the blind, visually- and reading-impaired (this provision would give a special fair use exemption for the non-commercial reproduction of works for use by visually-impaired persons. Before this amendment, hundreds of thousands of blind Filipinos could not buy Braille works at cheap prices because copyright protection operates); and, formulation of IP Policies within universities and colleges.

With these amendments to the IP Code, IPOPHL  said that it will still run after pirates, infringers, and criminal syndicates. “Ordinary citizens, like balikbayans, students, and hardworking overseas Filipino workers have nothing to fear. The amendments are meant to protect the Filipino artists and creators, while also making copyrighted works more accessible to Filipinos,” it pointed out.

From the readers

“We write in relation to your column, ‘Double Standard’ published February 10, 2013, which discussed the clean-up efforts of FPIC in relation to the Bangkal pipeline leak incident.  Allow us to clarify on some points made with regard to the health and safety of the residents as well as FPIC’s remediation activities in the community.  

“The health and safety of the residents in Bangkal, Makati City has always been FPIC’s primary concern.   This is evident in the various efforts that have beenimplemented since 2010 and the continuing clean-up activities in Bangkal.

“FPIC established a field office in Barangay Bangkalshortly after the discovery of the pipeline leak in 2010.  The office was expanded in 2012 to include an Info Center that allows stakeholders to access information about the incident and efforts made by FPIC, the Local Government of Makati City and other government agenciesin order to address the situation.   A full-time team with community relations officershold office in the said field office located at Gen. Capinpin Street.  The community relations officers regularly meet with Bangkal residents and other stakeholders to update them on the activities on site as well as address their individual concerns.  To date, more than a dozen community engagements have been organized by FPIC at the nearby church as well as countless dialogues/meetings with residents and business establishments in the area have been conducted.

“A community health program was also established in 2010 which initially organized a series of medical missions for the residents of Bangkal.  This was later replaced with a free community clinicwhich operated three times a week to address the health concerns of the residents.  The clinic operated from January to December 2011 with over 2,400 patients seen.   No illness has been directly attributable to the incident.  The Makati Health Office deployed their Medical Team in Bangkal, alternate the schedule of FPIC’s clinic. Residents can still access their clinic records at FPIC’s field office and can request for clinical summaries.

“FPIC has also been conducting regular air quality monitoring using precision instruments that take grab samples of the air to measure the volatile unwanted chemical compounds and Benzene levels. Results aremostly zero with very low levels in few locations mostly due to passing vehicles and air pollutionfrom SLEX, Skyway and EDSA. No Benzene was detected in the community.This activity is always being witnessed by representatives from the Makati City Department of Environmental Services (DES).    A Soil Vapor Intrusion Study was also done in June 2011 to validate concerns made on odor and the possibility of vapor intrusion inside homes. Results show that there is no underground vapor intrusion intohouses and business offices within and outside the impacted areas in Bangkal.  This activity was again witnessed by representatives from the Makati DES and Barangay Bangkal.  Residents are welcome to witness the regular community air quality monitoring activities.

“The remediation or clean-up of the soil and groundwater contamination in Bangkal is being addressed by the Multi-Phase Extraction (MPE) System.  The MPE has been reviewed, approved and endorsed by the Inter-Agency Committee on Environmental Health (IACEH) as the most appropriate technology for the Bangkal clean-up.  A resolution was signed by the IACEH members (DOH, DENR, DOE, DOST and Makati City), signifying their approval and endorsement of the said system.  The MPE began its operations on May 9, 2012 after securing all necessary permits from the local government and the DENR.  The DENR’s representatives conduct regular monitoring of the system’s operations and discharge.  The MPE since May 2012 has been operating 24/7, extracting groundwater with petroleum as well as vapor trapped in the soil.  The system complies with the DENR’s permit requirements and standards.  Since there is no Benzene standard in the country, the DENR adopted the US Environmental Protection Agency standard for Benzene.  The system complies with this standard.  Ground monitoring events are conducted to monitor the effectiveness of the system in terms of its recovery and plume control.  Because of the recovery operations, the latesttechnical data show the footprint retracting from an original impacted area of 1.5 hectares to 0.7 hectare.

“FPIC reports all these activities through regular written updates to Makati City, Barangay Bangkal, the Inter Agency Committee on Environmental Health (IACEH), DENR, DOE, DPWH and the Bureau of Fire Protection.

“We would like to take this opportunity to invite you to visit Bangkal and see the developments in the area.” - Anthony M. Mabasa,  President, First Philippine Industrial Corporation

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