Philippine Intellectual Property Office ( "IPOPHL" ) Recently released No 2023-023 Memorandum notice, namely "Rules and regulations for the implementation of the rights of sound performers and producers of phonograms" . The notice has been issued in 2023 years 11 month 12 Effective from today.

The circular Outlines the rules governing rights in phonograms, And about the phonograms falling within the relevant scope (See below) In the case of a single fair remuneration payable by the user ( "SER" ) Guide to.

Detailed information

one, Coverage and exceptions

(one) , A performance performed live or recorded on a phonogram, Performers shall meet the following conditions:

1, A national or resident of the Philippines;

2, "Protection of performers, Rome Convention on Producers of Audiovisual Products and Broadcasting Organizations" ( " "Rome Convention" " ) or "World Intellectual Property Organization Performances and Phonograms Treaty" ( "WPPT" ) Another Contracting State ( "Contracting state" ) National or permanent resident of;

3, Neither a national nor a resident of the Philippines, Nor is he a national or resident of any other Contracting State, But its performance: (1) In the Philippines or other Contracting States; or (2) Be entered by the Philippines "Intellectual property code" and "Rome Convention" The first 5 Articles and ordinances 6 Bar protection in phonograms or broadcast programs.

(two) , Phonograms meeting the following conditions:

1, Made by any of the following producers:

(1) , A national or resident of the Philippines;

(2) , A national or resident of another Contracting State;

(3) , A legal entity established under the laws of the Philippines.

2, In any of the following countries (district) First publication:

(1) , In the Philippines;

(2) , In another Contracting State, If the phonograms are first published in a non-Contracting State, But after it was first published 30 Also published within days in the Philippines or Contracting States, It shall be deemed to have been first published in the Philippines or a Contracting State.

But not applicable to: (a) Performances created by non-natural performers; (b) 1978 years 1 month 1 A performance or recording that has been completed in the past.

two, Performer's rights

(one) , Moral right

Performers shall enjoy the following moral rights with respect to their live sound performance or performance recorded in a phonogram:

1, Right of signature——The identity of the performer to perform, Include the right to list their names in inserts or in any manner consistent with industry standards and best practices, Except where it is omitted due to the way in which the performance is used. Performers also have the right not to enjoy performer status;

2, Protect the integrity of the work——A performer objects to any distortion of his or her performance, The right to tamper or make other changes that may damage its reputation.

The performer's moral rights shall be maintained after his death until the expiry of the property rights, And shall be exercised by the successor or the government claiming protection.

(two) , Property right

Performers shall enjoy the following property rights:

1, Live sound performance

(1) , Authorizes the exclusive right to broadcast and disseminate its unrecorded performances to the public, Unless the show is already a radio show;

(2) , Authorize the exclusive right to record their unrecorded performances.

The term of protection of a performance that has not been recorded shall be from the year in which the performance took place 12 month 31 As of today 50 years.

2, A performance recorded on a phonogram

(1) , Right of reproduction——Means the exclusive right to license, in any way or form, direct or indirect reproduction of a recording of his performance;

(2) , Publishing right——It means the initial public offering of the original and copy of the sound recording of the performance of the license to transfer its ownership in the Philippines or other countries through sale or other means;

(3) , Right of hire——Means the right to permit the commercial rental to the public of originals and copies of the phonograms of his recorded performances, Even if it is published by or under the authorization of the producer;

(4) , Right of communication——The right to authorize the dissemination to the public of a recording of a performance, The public may access the phonograms at a place and time of their own choice or selection, And other forms of transmission of phonograms with similar effects.

The term of protection of the right to perform a sound recording shall be that of the year in which the recording of the sound recording took place 12 month 31 As of today 50 years.

three, Rights of producers of phonograms

Producers of phonograms may enjoy the following exclusive rights:

(one) , Property right

1, Right of reproduction——Means the exclusive right to license the direct or indirect reproduction of its phonograms in any manner or form;

2, Publishing right——It means to permit the transfer of ownership of original and copies of phonograms in the Philippines or other countries through sale or other means of initial public offering;

3, Right of hire——Means the right to license the commercial rental of original and copies of its phonograms to the public, Even if it is published by or under the authorization of the producer;

4, Right of communication——The right to authorize the dissemination of phonograms to the public, The public may access the phonograms at a place and time of their own choice or selection, And other forms of transmission of phonograms with similar effects.

The above rights of performers and producers of phonograms shall be governed "Intellectual property code" Stipulated fair use restrictions and exceptions.

four, SER

The circular sets out the relevant SER Rule of, These rules apply to phonograms published for commercial purposes, Or reproduction of phonograms directly for broadcast or otherwise disseminated to the public, Or public performances for the purpose of making and increasing profits. payment SER Shall be the obligation of the user of the phonogram.

performer, Producers and broadcasting organizations may enter into a written contract, Determine the amount of compensation, But agreements should be carefully designed, Taking into account various relevant circumstances, For the benefit of the performers.

The user shall pay the performer and producer one copy for each use of the phonogram SER, Instead of paying performers and producers separately SER. In the absence of any agreement, Performers and producers shall share the remuneration equally.

The user may, in accordance with the agreement reached in advance by the right holder, Exclude others to performers, Producers or their respective collective management organizations (CMO) payment SER, Only with the written consent of the other parties. Copyright and other related rights Administration Office (Bureau of Copyright and Other Related Rights) A one-stop licensing system should also be established (OSLS) , And for unpaid SER The situation is monitored.

finally, Unless the claimant is manifestly not entitled to payment, Otherwise the user may not withhold payment. Local collective management organizations in the Philippines IPOPHL Certification certificate or membership list of foreign collective management organization (Or both) Certified true copy in China, And reciprocal agreements with locally recognized collective management organizations, Should be considered sufficient evidence of the enjoyment of rights.

Recommended action

Advise customers to pay attention IPOPHL Rules and regulations, To ensure that the rights of performers and producers of phonograms are protected and respected. (Be compiled from www. lexology. com)

TRANSLATORS: Wang Dan　proofread: Wu Xian



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