The Filipinas Copyright Licensing Society recently started its
first distribution of fees to authors, publishers, and other copyright owners
in the country.
The remuneration were copyright license fees from the government’s
Department of Education (DepEd) for the agency’s use of Filipino-authored works
in the learning materials for Grades 1 and 7. The learning materials will be
used by 2.5 million Grade 1 and 1.7 million Grade 7 pupils in the public
schools.
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| The Philippine government's Department (Ministry) of Education is the first public agency licensee of FILCOLS. (Photo by AJB) |
First
government agency licensee
DepEd is the first government agency licensee of FILCOLS. The
first private college licensee of FILCOLS was The Manila Times College. (See story through this link).
Upon the suggestion of John-Willy Rudolph, Kopinor senior adviser,
FILCOLS initiated talks with DepEd officials in September 2011. Rudolph
explained that like in his native Norway, the government’s education agency
need to use local works in basic education. The government also must be at the
forefront of showing proper respect for the rights of authors.
Rudolph stressed that the Philippines is a signatory to the Berne Convention for the Protection of Literary and Artistic Works. In keeping with
its treaty obligation, the Philippine government may enact laws that allow
reproduction of works but only in “certain special cases” and must not
“conflict with the normal exploitation of the work and …not unreasonably
prejudice the legitimate interests of the author.” (Berne Convention 9.2)
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| International copyright expert John-Willy Rudolph during a meeting with FILCOLS officers in Manila. (Photo by AJB) |
He added that the “fair use” alibi of many educational
institutions in the Philippines is good only for small portions of works;
however the current practice of systematic and massive photocopying of works
for internal use is a clear violation of the Berne Convention. The livelihoods
of authors are clearly affected and their rights violated.
Kopinor is the reproduction rights organization (RRO) of Norway
and Rudolph was its executive director for 24 years. After Kopinor, Rudolph
chaired the Norwegian Copyright Development Association (NORCODE). Along with
the Norwegian Agency for Development Cooperation (NORAD), Kopinor and NORCODE
provided grants to FILCOLS for its operations from 2010 to 2012.
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| NORCODE and KOPINOR officials visit FILCOLS. (l-r) FILCOLS executive director Alvin J. Buenaventura, NORCODE senior adviser John-Willy Rudolph, KOPINOR deputy director and Development Fund manager Hans-Petter Fuglerud, FILCOLS licensing officer Napoleon G. Almonte, and FILCOLS membership officer Beverly W. Siy. (Photo by Maricel Cartujano.) |
Long
negotiations with DepEd
FILCOLS licensing officer Napoleon G. Almonte arranged the initial
meeting with DepEd secretary (minister) Br. Armin A. Luistro and the follow up
with the other officials of the department.
FILCOLS executive director Alvin J. Buenaventura and legal counsel
Javier P. Flores steered the subsequent discussions and negotiations on the
license agreement. The negotiations spanned one year and six months until the
token fee of PHP 427,500 (after DepEd deducted taxes) was released in March
2013.
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| Initial meeting between FILCOLS and the Department of Education. (Photo by OSEC) |
Aware of
the rights of authors
In a letter to FILCOLS chair Dr. Isagani R. Cruz dated May 25,
2012, education secretary Luistro acknowledged the “inherent rights of authors,
composers, artists, illustrators, and the like who have invested their talents,
creativity, and time in the creation of the selections, stories, or songs.” He
added “we are also fully aware that a royalty fee must be paid for the use of a
copyrighted material.”
However, Luistro explained the agency “does not have significant
funds” to pay for the use of copyrighted works. He appealed to FILCOLS to allow
the use of works for a nominal fee.
FILCOLS agreed with the token fee only for the one-time production
of learning materials for Grades 1 and 7. For the next round of negotiations
for the other grade levels, the department should allocate copyright license
fees.
Dr. Cruz said “the token fee from the Department of Education is
not big. But it is better than nothing.” The recognition of the education
department on the right of authors to be properly remunerated for the use of
their works is a big step in raising awareness on copyright.
On Dec. 5, 2012, the first licensing agreement between FILCOLS and DepEd was signed at the Bulwagan ng Karunungan (Knowledge Hall), DepEd Complex,
Pasig City.
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| Signing of the first license agreement between FILCOLS and DepEd. (l-r) FILCOLS executive director Alvin J. Buenaventura, DepEd secretary (minister) Br. Armin A. Luistro, and FILCOLS chair Dr. Isagani R. Cruz. (Photo by OSEC) |
Distribution
for publishers
The distribution of checks for publishers commenced during the general
assembly of the Book Development Association of the Philippines (BDAP) on
November 29, 2013 at the Bonifacio and Katipunan rooms, Quezon City Sports
Club.
BDAP is the country’s largest book industry association and main
organizer of the annual Manila International Book Fair since 1979. BDAP also
manages the biennial Gintong Aklat Awards (Golden Book) since 1981 “to
recognize and encourage the production of quality books that are excellent in
all aspects of bookmaking.”
BDAP president Lirio P. Sandoval said “We are happy to see the
government’s Department of Education showing respect for the human rights of
authors and publishers.”
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| Book Development Association of the Philippines president Lirio P. Sandoval. (Photo by AJB) |
Aside from commercial publishers, recipients from university-based
publishing houses include the Ateneo de Manila University Press, University of the Philippines Press (UP Press), and the University of Santo Tomas Publishing House (USTPH).
Newly-appointed director Rica Bolipata-Santos received the check
for the Ateneo Press. She also volunteered to give the check to her friend and
Ateneo professor Assunta Cuyegkeng.
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| Ateneo Press director Rica Bolipata-Santos receives the check from FILCOLS executive director Alvin J. Buenaventura. (Photo by Ran Espiridion) |
Director John Jack G. Wigley and deputy director Ma. Ailil B.
Alvarez received the check for the USTPH. Lucre Mae Villaluna representing UP
Press received the check from FILCOLS board member and UP professor Gemino H. Abad.
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| FILCOLS and USTPH. (l-r) USTPH deputy director Ma. Ailil B. Alvarez, USTPH director John Jack G. Wigley, FILCOLS executive director Alvin J. Buenaventura, and FILCOLS admin officer Ranielle S. Espiridion. (Photo by USTPH staff) |
Distribution
for authors
The distribution of checks for authors took place at the Bulwagang
Recto, University of the Philippines Diliman on December 6, 2013. The
distribution coincided with the annual general meeting of FILCOLS and the Writers’
Night.
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| Authors and heirs at the FILCOLS annual general meeting, Recto Hall, University of the Philippines Diliman. (Photo by Mary Grace "Marice" Isidro) |
Dr. Abad expressed his thanks when he received his share. He said
“I hope many Filipino authors will join FILCOLS. It is good to see that authors
now receive something for the re-use of their works. This is fantastic.”
Professor Abad volunteered to give the checks to some of his friend-authors who
were not present at the meeting.
Representing the heirs of authors, Ann Marie Villanueva gave a
short message of gratitude to the FILCOLS board and management. She is the heir
and widow of author Rene O. Villanueva.
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| FILCOLS distribution of remuneration for heirs of authors. (l-r) Executive Director Alvin J. Buenaventura, Ann Marie Villanueva, and Professor Gemino H. Abad. (Photo by Marice Isidro) |
Authors
affected by supertyphoon Haiyan
Tacloban-based author Merlie Alunan was not able to attend and
receive her check due to the recent calamity which struck the Visayas area.
Along with many communities, authors from central Philippines suffered when
supertyphoon Yolanda (Haiyan) struck the country last November 8, 2013.
FILCOLS executive director Buenaventura said “We want to show
authors that aside from attribution, they should be justly compensated for the secondary
use of their creations. This is the practice in many countries for many years
including some in Africa. We are happy to make this a reality in the
Philippines.”
Buenaventura explained “Attribution is the practice of properly
citing the source of the work like the name of the author, artist, publisher,
and others. But attribution alone must not be a substitute for asking
permission or just compensation especially for institutional and mass use of
the works.”
Buenaventura added that FILCOLS will locate authors or their heirs
to give them their share of the remuneration. FILCOLS employees Ranielle S.
Espiridion and Justiniano G. Eseller Jr. are helping to find copyright owners
through contacts in the publishing industry, the academe, and even social
media.
Authors who lost homes and records to Yolanda like Merlie Alunan
had her check deposited to her bank account while New York-based Eric Gamalinda opted to have his check received by his authorized representative.
Three
National Artists
National Artists for Literature Virgilio S. Almario and Bienvenido L. Lumbera were also recipients of the DepEd license fees. Almario’s daughter
Ani Rosa Almario-David received the check for her father and another for Adarna House during the BDAP general assembly.
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| FILCOLS at the BDAP general assembly. (seated, l-r) Asa Almario-Montejo, Ani Rosa Almario-David, and Agno Almario (standing, l-r) Executive Director Alvin J. Buenaventura, FILCOLS board member Olan de Vera, BDAP president Lirio P. Sandoval, and Beverly W. Siy. (Photo by Ran Espiridion) |
Almario is the founding chair of FILCOLS. He also founded Adarna House, the country’s largest children’s books publisher. He is currently chair
of the Komisyon sa Wikang Filipino (Commission on the Filipino Language). KWF
is an agency under the Office of the President of the Philippines.
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| National Artist for Literature Virgilio S. Almario. (Photo by AJB) |
Lumbera received his check during the FILCOLS annual general
meeting. He taught at many institutions in the Philippines and abroad and
received many literary awards. In 1993, he was conferred with the Ramon Magsaysay Award for Journalism, Literature, and Creative Communication.
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| National Artist for Literature Bienvenido L. Lumbera with Bebang Siy and Alvin J. Buenavetura during the FILCOLS annual general meeting, Recto Hall, University of the Philippines Diliman. (Photo by Iding Sy) |
Selma G. Cortes, daughter of National Artist NVM Gonzalez,
received her father’s share of remuneration. NVM died in 1999. As heir, Cortes
signed the membership agreement and assignment of rights which authorized
FILCOLS to manage the reproduction rights of her father’s works.
Mother
of Philippine Folklore
At age 93, Damiana L. Eugenio continues to exchange banter with
her visitors and even read legal contracts. However, a bad fall led to her
being bed-ridden since 2013.
Due to her voluminous and excellent works on Philippine Folk
Literature, Eugenio received the title “Mother of Philippine Folklore” in 1986.
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| Damiana L. Eugenio, 93, reads the FILCOLS contract for the renewal of her membership. | (Photo by AJB) |
FILCOLS membership officer Beverly W. Siy tracked Eugenio and
convinced her to become a member in 2011.
Bebang Siy and the FILCOLS team composed of Buenaventura,
Espiridion, and Eseller visited Eugenio and met her niece and caretaker Rose S.
Lorredo. She has been taking care of the bed-ridden author for almost a year in
their home in Quezon City. She said the remuneration is a big help to cover
some of the expenses of her aunt.
When told that the Department of Education paid for the use of her
works, Eugenio said “Mabuti nagbabayad na sila ngayon. Dati-rati kuha lang sila
ng kuha.” (It’s a good thing they are paying now. In the past, they just use
the works.)
IFRRO
congratulates FILCOLS
After FILCOLS reported to IFRRO the progress of the licensing and
the distribution in the country, Olav Stokkmo said “This is great news. The
first distribution by an RRO is an important step forward in demonstrating that
the monies collected on behalf of rightsholders make a real difference in their
lives. It confirms that collective management in the text and image sector is
functioning well in the Philippines.
Stokkmo is the CEO of the Brussels-based International Federation of Reproduction Rights Organizations, the main international network of
collective management organizations and authors’ and publishers’ associations
in the text and image sector. FILCOLS has been a member of IFRRO since 2009.
