Policies and Laws Related to Creative Industries

Fundamental Distinctions: Policy vs. Law

• Policies: These are guidelines or rules established by organizations or governments to direct decisions and actions. Examples include school policies, company policies, and specific government-level guidelines.

• Laws: These are legal rules enacted by the government that everyone must follow. Unlike policies, if laws are violated, there may be legal consequences such as fines or imprisonment.

The Importance of Legal Frameworks in Creative Industries

Policies and laws provide the legal framework that protects creators, promotes innovation, and encourages the growth of creative industries. They ensure that artists receive recognition and economic benefits from their work. Specifically, they serve to:

• Protect artists and creators.
• Prevent plagiarism and piracy.
• Encourage innovation.
• Promote fair competition.
• Support economic growth.
• Preserve Filipino culture and heritage.

Philippine Creative Industries Act (Republic Act No. $11904$)

Enacted in the year $2022$, Republic Act No. $11904$ is a law that aims to strengthen the country's creative industries through government support, investment, innovation, education, and international promotion. The law recognizes creativity as both a cultural treasure and an economic resource.

Nature and Vision

RA $11904$ is an economic and cultural development law. Its primary vision is to make the Philippines one of Asia's leading creative economies.

Objectives

• Promote Filipino creativity and innovation.
• Support Filipino artists and creative professionals.
• Develop creative businesses.
• Generate employment.
• Increase investments.
• Strengthen cultural identity.
• Enhance global competitiveness.
• Preserve Filipino culture and heritage.

Key Features

• Government Support: Systematic assistance for stakeholders in the creative sector.
• Development of Creative Industries: Building a robust infrastructure for creative work.
• Promotion of Innovation: Encouraging new ideas and methods.
• Creation of the Philippine Creative Industries Development Council (PCIDC): The governing body responsible for overseeing the implementation of the act.

Global and National Intellectual Property Governance

World Intellectual Property Organization (WIPO)

Established in $1967$, WIPO is a specialized agency of the United Nations created to promote, protect, and manage intellectual property ($IP$) worldwide. Its purpose is to encourage creativity and innovation by protecting intellectual property across countries.

Key Features of WIPO:

• Develops international $IP$ treaties.
• Promotes innovation globally.
• Provides education on $IP$ rights.
• Resolves international $IP$ issues.
• Assists developing countries in establishing $IP$ frameworks.

Intellectual Property Office of the Philippines (IPOPHL)

IPOPHL is the Philippine government agency responsible for administering and implementing intellectual property laws under Republic Act No. $8293$. It operates under the national government to protect the rights of Filipino creators and innovators.

Key Functions of IPOPHL:

• Registers intellectual property.
• Promotes copyright awareness.
• Resolves disputes related to $IP$.
• Supports businesses.
• Encourages innovation.

Comparison: WIPO vs. IPOPHL

• WIPO: An international organization under the United Nations that protects $IP$ internationally and creates international agreements.
• IPOPHL: A Philippine government agency under the Philippine national government that protects $IP$ within the Philippines and implements national $IP$ laws.

Categories of Intellectual Property (Republic Act No. $8293$)

Intellectual Property ($IP$) refers to creations of the human mind that have commercial or artistic value, such as paintings, music, films, and poems.

$1$. Copyright

Copyright generally arises automatically once an eligible original work is created. It protects original literary and artistic works. The symbol for copyright is $\copyright$.

• Philippine Examples: The songs of the Filipino band Ben&Ben are protected by copyright, meaning no one may legally reproduce, distribute, or upload them without permission. Similarly, films produced by ABS-CBN Studios are protected from unauthorized copying and online distribution.

$2$. Trademark

The purpose of a trademark is to distinguish products or services from competitors. It protects brand names, logos, product names, business symbols, and slogans. Different marks include:

• Registered trademark: $\text{\textregistered}$

• Unregistered trademark: $\text{TM}$

• Unregistered service trademark: $\text{SM}$

• Philippine Example: The Jollibee name, logo, and mascot are registered trademarks. Other businesses cannot legally use similar branding that may confuse consumers.

$3$. Patent

Patents require an application and grant before protection is conferred. They protect new inventions, machines, processes, and technological innovations. The symbol for patent is typically represented as $P$ within a circle.

• Philippine Examples: Filipino inventor Gregorio Y. Zara received patents for several inventions, including his two-way videophone concept. Recently, researchers have obtained patents for technologies in agriculture, medicine, and engineering through IPOPHL.

$4$. Trade Secrets

These include confidential business information that provides a competitive advantage, such as secret recipes, manufacturing techniques, marketing strategies, or customer databases.

• Philippine Examples: The secret recipe of Mang Inasal Chicken Inasal marinade and the proprietary coffee blends of Bo's Coffee are examples of trade secrets kept confidential to ensure company success.

Personal and Economic Rights of Creators

Moral Rights

These rights protect the creator's personal connection to their work. They include the right to:

• Be recognized as the author.
• Object to distortion or mutilation of the work.
• Preserve the integrity of the work.

Economic Rights

These allow creators to earn from their work through various means:

• Selling artwork.
• Licensing music.
• Collecting royalties.
• Publishing books.
• Commercial reproduction.

Technical Identifiers and Licensing in Creative Works

• ISBN (International Standard Book Number): A unique numeric commercial book identifier used for books. Example: $978-3-16-148410-0$.
• ISSN (International Standard Serial Number): An eight-digit serial number used to uniquely identify a serial publication, such as magazines, newspapers, and journals. Example: $2049-3630$.
• DOI (Digital Object Identifier): A persistent identifier used for scholarly articles and research publications. Example: $10.1080/02626667.2018.1560449$.
• Licensing: Allows creators to grant permission to others to use their work under agreed conditions while retaining ownership. A standard Licensing Agreement includes the Effective Date, identification of the Owner(s) and User(s), description of the Licensed $IP$, and the Territory (e.g., worldwide) where usage is authorized.

Real-World Intellectual Property Concerns

$1$. Copyright Infringement: Using copyrighted works without permission ($e.g.$, uploading movies illegally, copying artwork, or downloading pirated software). $2$. Plagiarism and Artistic Copying: Presenting another person's work or ideas as your own without proper acknowledgment. It may also involve copying an artist's style without permission or attribution. $3$. Unauthorized Reproduction and Distribution: Making unauthorized copies of books, artworks, software, or digital files. $4$. Misuse of Images in Media and Advertising: Using photographs or artwork in advertisements without permission from the copyright owner or required model/property releases. $5$. Digital Art Theft and Online Sharing: This includes removing watermarks, reposting artwork without permission, selling copied digital art, and using AI-generated images based on copyrighted works without authorization.

Institutional Roles: Department of Economy, Planning and Development (DepDev)

DepDev is the national government agency responsible for long-term economic planning and development. Under RA $11904$, DepDev has specific responsibilities:

• Integrating creative industries into national development planning.
• Coordinating with various government agencies.
• Monitoring the implementation of creative economy programs.
• Supporting investments and sustainable growth.
• Recommending policies to strengthen the creative economy.

Questions & Discussion

Choose Your Side Statement

Statement: The Philippines should actively participate in Pax Silica to accelerate its technological and economic development. Agree or Disagree?

TikTok Commentary Interaction

A comment from @sherwinables in reply to iamalpoy states: "If you are my student in the College of Law.. ikaw permi Akong e pa oral recitation".

Socratic Method: Discussion Cases

Case $1$: The Viral Digital Artwork A Grade $11$ student creates a digital illustration and uploads it online. Another person removes the student's watermark, reposts the artwork, and earns money from printing it on T-shirts without permission.

• Questions: Who owns the artwork? What rights were violated? Which government agency can assist the artist? What should the original artist do?

Case $2$: The School Logo A student copies a famous company's logo for a new clothing business.

• Questions: Is this legal? What type of intellectual property is involved? What consequences may arise?

Case $3$: AI-Generated Art An artist uses AI software to generate an artwork based on the style of a famous painter and sells it online.

• Questions: Is this ethical? Who owns the artwork? Should AI-generated art receive copyright protection? What responsibilities do AI users have when using creative works?