Ayala Foundation, FILCOLS inks agreement for secondary use of copyrighted works

 

Ayala Foundation, FILCOLS inks agreement for secondary use of copyrighted works

 

Ayala Foundation, Inc. (AFI) and the Filipinas Copyright Licensing Society, Inc. (FILCOLS) signed a license agreement at the Ground Floor Lobby of the Ayala Museum in Makati City on Nov. 25.

The agreement, a first in Philippine publishing history, will provide easy and legal access for the re-use of copyrighted publications like books, journals, and newspapers via large-scale digital and photocopying inside the Ayala Museum and the Filipinas Heritage Library (FHL). Both entities are under the Arts and Culture Division of AFI.

Established in 1961, AFI is the social development arm of the Ayala Corporation and is a member of the Ayala group of companies. The foundation aims to improve the lives of Filipinos through its innovative programs for education, leadership, livelihood, arts, and culture.

The Ayala Museum is located at the heart of the country’s Central Business District at the corner of Makati Avenue and De la Rosa Street. It houses collections on Philippine history, art, garments, ceramics, and maritime vessels. Among its famous permanent exhibitions are The Diorama Experience which features significant events in the country’s history, A Millennium of Contact which displays more than 500 ceramics to show the country’s more than a thousand years of contact with neighboring countries, and Gold of Ancestors which showcases gold objects testifying to the pre-colonial goldsmiths’ skill and artistry.

FHL is “a one-stop electronic research center on the Philippines” which gives patrons “access to the wealth of Filipino heritage through the latest in information technology and telecommunications.” With more than 13,000 contemporary books mainly on social sciences plus thousands of rare materials, FHL intends to satisfy the demands of researchers and library visitors.

FILCOLS Trustees with DepEd officials.

FILCOLS is the accredited collective management organization (CMO) for printed works in the Philippines. The Intellectual Property Office of the Philippines (IPOPHL) recognized FILCOLS as the CMO in the text and image sector in 2014 after passing the standards set in the government’s guidelines for CMO accreditation.

In support of the World Intellectual Property Organization’s (WIPO) Transparency, Accountability, and Good Governance (TAG) Initiative of CMOs, FILCOLS held its first Board meeting of the year at the IPOPHL conference room with the presence of its senior officials.

Last year’s FILCOLS Board meeting was conducted with IPOPHL’s new director general Josephine R. Santiago in attendance.

FILCOLS provides the publishing industry with supplementary remuneration from the license fees it collects from institutions for the secondary use of copyrighted works. FILCOLS gets its mandate from authors, publishers, and heirs via non-exclusive assignment of reproduction rights. This means the copyright owners authorize FILCOLS to manage the re-use of their works by negotiating with institutions like businesses and schools.

Based on a freely negotiated contract, the FILCOLS license allows institutions to reproduce large portions of books and other printed materials beyond the 5% fair use set in the Fair Use Guidelines.

In 2014, the Book Development Association of the Philippines (BDAP) crafted its Fair Use Guidelines for the publishing industry following the amendment of the Intellectual Property Code of the Philippines.

Established in 1979, BDAP is the country’s largest book industry association. It organizes the annual Manila International Book Fair and gives out the biennial Gintong Aklat awards.

True to its pioneering spirit, AFI took the lead in showing respect to authors and other copyright owners by partnering with FILCOLS and signing the license agreement. A small license fee will be paid on a two-year period for the mass reproduction of works at the Ayala Museum and FHL. The remuneration will then be distributed to righstholders after deducting FILCOLS’s administration costs.

The agreement was signed by AFI’s senior director and chief finance Officer Romualdo “Aldy” L. Katigbak and senior director for arts and culture Maria Elizabeth “Mariles” L. Gustilo. New chair Dr. Jose “Butch” Y. Dalisay Jr. signed for FILCOLS.

Witnesses for the agreement were FHL senior manager Suzanne Yupangco, FILCOLS trustees Mariano “Marne” L. Kilates, Dr. John Jack Wigley, Dr. Rebecca “Becky” Añonuevo, Beverly “Bebang” W. Siy, and executive director Alvin J. Buenaventura.

FILCOLS ED Alvin J. Buenaventura hands over the check to
award-winning author and Ateneo teacher Edgar Calabia "Egay" Samar.

 

The November 25 event also signaled the start of the distribution of remuneration for authors, heirs of authors, and publishers. The bulk of the license fees collected by FILCOLS were from the Department of Education (DepEd) for the re-use of Filipino works in the learning resources for Grades 2, 3, 8, and 9.

Aside from the license fees collected from DepEd, FILCOLS also distributed remuneration it received from its sister societies abroad. Australia’s Copyright Agency-Viscopy and the Copyright Licensing and Administration Society of Singapore (CLASS) remitted to FILCOLS, on various dates, remuneration for Filipino works used by their licensees.

American missionaries and authors Dennis and Diane Teague.

Under Australian and Singaporean copyright law, institutions must pay license fees for the re-use, through large-scale digital and photocopying, of books, journals, newspapers, and websites. Under these institutions are schools, universities, technical vocational (tech-voc) or polytechnic, businesses, government, and other organizations.

Best-selling author Francisco Colayco.

Present during the event “FILCOLS Distribution for Rightsholders and Partnership with Ayala Foundation” were the following rightsholders:

1.          Rosa and Claro Lorredo, heirs of folklorist Damiana Eugenio

2.          Francisco J. Colayco, author and founder of Colayco Foundation for Education, Inc.

3.          Joseph Voltaire “Volt” L. Contreras, journalist, Philippine Daily Inquirer

4.          Dennis and Diane Teague, authors published by New Day and American missionaries at         Mission Concepts

5.          Ronald Verzo, president of Balangay Productions

6.          Edgar Calabia “Egay” Samar, author and faculty at the Ateneo de Manila University

7.          Tina Balagtas, Central Book Supply

8.          Fr. Dennis Tamayo and Ronald Laurio, Claretian Communication Foundation, Inc. as                representatives of deceased Australian author Bro. Peter McCraken

9.          Pemar Ureta, New Day Publishers

10.       Vic De Guzman, Sinag-tala Publishers, Inc.

 

Rose Lorredo, heir of folklorist Damiana Eugenio.

Also present were: government representatives Joselito Asi, Sharon Buti, and Luz Ferraren from the Department of Education; and Jerommel Angeles and Jaynard Estevez, Technological Institute of the Philippines student staffers at TIP-Voice.

 

Other rightsholders who received remuneration but were unable to physically attend the event were: Inquirer columnists Neni Sta. Romana-Cruz, Ceres P. Doyo, Manuel L. Quezon III, Donna Pazzibugan, award-winning author Lualhati Bautista, and Jesuit author Fr. Bert Alejo.

 

Inquirer journalist Volt Contreras.

Members of the Young Intellectual Property Advocates (YIPA) from the Manila Science High School also witnessed the event. They were: Maria Danielle Adel Bautista, Jullian Clare Creus, Marielle Selena Dating, Ezekiel Mark Flores, Juanito Fuellas, Marjun Antonette Ilagan, Kyla Patricia Labayan, Jihee Lee, Gerard Lubi, Seijiro Ogata, Karl Mchaile Pablo, Marion Emmanuel Paguia. They were accompanied by teacher Preciosa Bautista.

FILCOLS members: authors, heirs of authors, and publishers with the Board of Trustees.

FILCOLS was established in 2008 by the Intellectual Property Office of the Philippines, National Book Development Board, Book Development Association of the Philippines, and the Unyon ng mga Manunulat sa Pilipinas. Its founding chair was National Artist for Literature Virgilio S. Almario.

The newly elected trustees are Jose "Butch" Y. Dalisay Jr. (chair), Ricky Lee, Karina Bolasco, John Jack Wigley, Beverly W. Siy, Marne Kilates, and Jose Paolo Sibal.

Text by Alvin J. Buenaventura.  Photos by AJB and Ronald Verzo. Text and photos may be re-posted as long as the authors are acknowledged.