What should be the Philippine Direction on Copyright Reform?

To start with, let us define what Copyright is, to wit: “Copyright is a form of protection provided to the authors of ‘original works’ and includes such things as literary, dramatic, musical, artistic, and certain other intellectual creations, both published and unpublished.”[1] 

In the height of signing into law of RA 10372[2], the product of the consolidated bill (Senate Bill 2842 and House Bill 3841), amending certain provisions of the RA 9283 or the Intellectual Property (IP) Code, the pressing question is – what should really be of the Philippine direction with regards to its copyright reform?

Dejectedly, and needless to expatiate, the country’s stature on propagation of pirated materials and multitude infringement of copyrighted works is grimly below par.   Existence of the current copyright law seems to be only an option that is not being rigorously implemented and knowingly being evaded by many. With that, the need for a more authoritarian law and stricter enforcers is of no question.

Here comes the consolidated bill on copyright reform.  It seeks to better equip the country to fight piracy, avert intellectual theft and protect copyrighted works.  Among its proposed amendments are as follows:

1.   The establishment of a Bureau of Copyright which will handle policy formulation, rule-making, adjudication, research and education. The bureau will see to the specific requirements of our copyright-based industries such as books, music, film and media.

2.   Regulation of Collective Management Organizations (CMOs). Under this mandate, the Intellectual Property Office of the Philippines (IPOPHL) will monitor the groups that enforce the copyright of the copyright holders. It is intended to benefit not only the rights holders themselves but the users of copyrighted works.

3.   Special consideration for the visually impaired. This provision would expand the concept of fair use by exempting the blind or visually-impaired persons from securing permission for the non-commercial production of copy-righted work for their use.

4.   Expansion of what constitutes copyright infringement. Provisions on copyright infringement will 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 and

5.   Compliance with WIPO Internet Treaties. Important provisions of the Copyright Treaty and the Performances and Phonograms Treaty of the World Intellectual Property Organization (WIPO), to which the Philippines is both signatory, will be considered such as the protection of technological measures and rights management information to provide protection for copyrighted dissemination through the internet. [3]

With the abovementioned specific IP Code amendments, the direction the country is taking with regards to copyright reform is embryonic to stricter copyright laws and its enhanced implementation. Said improvements are expected to eventually result to a zenith local creative industry.  As the current situation dictates, if harsh measures are the only way to combat infringement, then so be it.

 

[1] http://web.nlp.gov.ph/nlp/?q=node/646 [2] http://www.gov.ph/2013/02/28/republic-act-no-10372/ [3] http://www.senate.gov.ph/press_release/2012/1105_prib1.asp