(NAR) VOL. 24 NO. 4 / OCTOBER - DECEMBER 2013
Whereas, Sec. 183 of the IP Code, as amended by Sec. 10 of Republic Act No. 10372, allows the owners of copyright and related rights or their heirs to designate a society of artists, writers, composers and other right-holders, commonly referred to as collecting societies or collective management organizations (CMOs), to collectively manage their economic and moral rights on their behalf, provided that they first secure the necessary accreditation from IPOPHL in order that they can enforce the rights of their members;
Whereas, meetings with various copyright stakeholders have resulted in a call for IPOPHL to establish accreditation mechanisms for CMOs with the view of protecting both the right-holders and the users of protected works, taking into consideration the public interest, as well as the access to knowledge;
Now, therefore, IPOPHL hereby issues the following rules and regulations on the accreditation of CMOs:
RULE I
GENERAL PROVISIONS
Section 1. Title. These rules shall be known as the “Rules on Accreditation of Collective Management Organizations”.
Section 2. Coverage. These rules and regulations shall apply to:
(i) | negotiation with and grant of licenses to users of protected literary, scholarly, scientific and artistic works, derivative works, performances, sound recordings, audiovisual works and broadcasts; |
(ii) | collection of royalties and other forms of remuneration for the use of protected literary, scholarly, scientific and artistic works, derivative works, performances, sound recordings, audiovisual works and broadcasts; |
(iii) | collection of proceeds in subsequent transfers of the originals of paintings, sculptures and manuscripts; |
(iv) | collection of additional remuneration for subsequent communication or broadcast of a performance; |
(v) | collection of single equitable remuneration for the broadcast, other communication to the public or public performance of a sound recording; and |
(vi) | distribution of the abovementioned collections to the rights holders. |
RULE II
PROCEDURE FOR ACCREDITATION
Section 1. Minimum Requirements. Only groups or CMOs meeting the following minimum requirements may apply:
Section 2. Documentary Requirements. A duly accomplished application form shall be submitted in duplicate to the Bureau of Copyright and Other Related Rights, along with the following documents:
(i) Membership Agreement/Deed of Assignment
(ii) Reciprocal agreements, if any
(iii) Licensing Agreement
Section 3. Application Fee. A non-refundable application fee in the amount of Ten Thousand Pesos (PhP 10,000.00) shall be paid by the applicant to cover expenses of the proceedings and administrative costs.
Section 4. Third Party Observation. Within one (1) week from filing, the application shall be published in the IPOPHL Website. Any interested party may submit written observations thereon to the Bureau of Copyright and Other Related Rights within thirty (30) days. The observations shall forthwith be communicated to the applicant who may comment on them within ten (10) days from receipt of said communication. The Bureau shall acknowledge and consider the observations and comment in making its decision, and include the same in the file of the application to which it relates.
Section 5. Decision of the Director of the Bureau of Copyright and Other Related Rights. The Director of the Bureau of Copyright and Other Related Rights, or, in his absence, any IPOPHL official who may be duly designated by the Director General, shall examine the merits of the application within thirty (30) days from filing thereof or from the receipt of the last observation or comment of the parties. After which, the Director or duly designated official shall render a decision granting or denying accreditation. The Director or duly designated official may obtain the assistance of experts in the government and/or private sector who have worked for at least ten (10) years in the relevant copyright industry, or have at least a masteral degree in the relevant field, when necessary to resolve the matter. The corresponding certificate shall be issued within one (1) week after the decision.
Section 6. Denial of Accreditation. Accreditation may be denied if:
Section 7. Appeal to the Director General. The decision of the Director or duly designated official denying accreditation shall be appealable to the Director General, subject to the IPO Uniform Rules on Appeal, as amended.
Section 8. Effectivity of Accreditation. The accreditation shall be effective for a period of three (3) years starting from the date of issuance of the resolution granting the accreditation.
Section 9. Publication upon Approval of Accreditation. IPOPHL shall publish, in the IPOPHL Website, the accreditation certificates, statutes, rates for collecting licensing fees, and distribution mechanism of the accredited CMO.
RULE III
EFFECTS OF ACCREDITATION
Section 1. Rights of an Accredited CMO. An accredited CMO has the right to:
Section 2. Duties of an Accredited CMO. The accredited CMO shall:
Section 3. Reporting of Changes. An accredited CMO, which has amended its statutes or has undergone any change relative to its business (including changes in authorized collecting agents, if any), shall notify the IPOPHL thereof by submitting the amendatory statutes or a summary of the changes within thirty (30) days from effectivity thereof or the occurrence of the change, as the case may be. If such change shall necessitate the amendment of the accreditation certificate, an amendment fee of One Thousand Pesos (PhP1,000.00) shall be paid.
RULE IV
POST-ACCREDITATION
Section 1. Renewal of Accreditation. At least thirty (30) days before the expiry of the accreditation, the accredited CMO may apply for renewal of the accreditation and shall submit only those requirements enumerated in Section 2 of Rule II that need to be updated. The Director or duly designated official shall consider the performance of the CMO in the past year and shall issue a resolution within fifteen (15) days from filing of the application for renewal. A renewal fee of Five Thousand Pesos (PhP5,000.00) shall be paid upon filing.
Section 2. Suspension of Accreditation. Under any of the following circumstances, the Director or duly designated official shall suspend, motu proprio or at the instance of the members of the CMO, or an interested party, after giving the concerned CMO due notice and opportunity to be heard, the accreditation of said CMO if the following circumstances are found after accreditation:
Section 3. Effect of Non-accreditation, Denial, or Suspension of Accreditation. A CMO who has not applied for accreditation after the effectivity of these Guidelines, or whose application has been denied, or whose accreditation has been suspended, cannot engage in the activities enumerated in Section 2(a) of Rule I. However, the said CMO may re-apply for accreditation, or move for the lifting of the suspension, provided, that the ground/s for denial or suspension had ceased to exist and it has complied with the minimum requirements of Section 1 of Rule II above. Thereafter, the processing of the application shall proceed in accordance with these guidelines.
RULE V
FINAL PROVISIONS
Section 1. Grace Period for Compliance with Application Requirements. Applicants shall have one year from the effectivity of these Guidelines to comply with all the minimum and documentary requirements set forth in Sections 1 and 2 of Rule II. After the said period, applicants shall comply with all the said requirements at the time of filing of the application.
Section 2. Separability Clause. If any section or provision of these Rules shall be held to be invalid, the remaining provisions shall remain in full force and effect as completely as if the part held invalid has not been included therein.
Section 3. Furnishing of Certified Copies. The IPOPHL Financial Management and Administrative Services (FMAS) is hereby directed to immediately file three (3) certified copies of these Rules with the University of the Philippines Law Center, and one (1) certified copy each to the Office of the President, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines and the National Library of the Philippines.
Section 4. Effectivity. These Rules shall take effect after fifteen (15) days from publication in a newspaper of general circulation.
(SGD) ATTY. RICARDO R. BLANCAFLOR
Director General