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OPTICAL MEDIA ACT OF 2003:REPUBLIC ACT 9293
Transcript of OPTICAL MEDIA ACT OF 2003:REPUBLIC ACT 9293
OPTICAL MEDIA ACT OF 2003:REPUBLIC ACT 9293
AN ACT REGULATING OPTICAL MEDIA, REORGANIZING FOR THIS PURPOSE THE VIDEOGRAM REGULATORY BOARD, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
•The unregulated mastering, manufacture, replication, importation and exportation of optical media in all forms is inimical to economic growth and public interest. Towards this end, the State shall institute the means to regulate the manufacture, mastering, replication, importation and exportation of optical media.
A storage medium or device characterized by a base, usually plastic, coated with ferric oxide powder, in which visual and/or aural information, or software code, may be recorded or stored, including, but not limited to, magnetic tape, cassettes, video tape, diskettes, and floppy discs
•The act or business of producing optical media or devices containing sounds and/or images, or software code, including any work protected in Part IV of the IP Code, by mastering and/or replication. In relation to equipment, "manufacture" shall refer to the assembly or integration of various components into any equipment useful for the mastering, manufacture and/or replication of optical media
IP Code – Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines.
•The authority granted by the Optical Media Board (OMB) to establishments or entities registered with the OMB to engage in the business of mastering, manufacture, replication, importation or exportation of optical media
Acquisition – the act of acquiring or procuring manufacturing equipment; parts and accessories and manufacturing materials used or intended for use in the mastering, manufacture or replication of optical media;
Duplication – the act or business of reproducing analog or digital content in any recordable media through the use of optical or magnetic process, or any technical variation thereof, now known or to be known in the future. The term shall include “burning;”
storage medium or device in which information, including sounds and/or images, or software code, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future. The term shall include, but not be limited to, devices which shall be listed in the IRR of this Act, or as
•Optical Media Board
Source Identification Code or SID Code – a system of codes to identify the source of all optical media mastered, manufactured, or replicated by any establishment or entity.
THE OPTICAL MEDIA BOARD
•Reorganized from Videogram Regulatory Board
•Placed under the Office of the President (OP)
•Have its principal offices in Metropolitan Manila.
•Authority of the OMB shall cover the entire territory of the Republic of the Philippines
POWERS AND FUNCTIONS
•Formulate and implement such policies and programs as are necessary for the accomplishment of the purposes of this Act
•Evaluate the qualifications of any individual, establishment or other entity to engage in the mastering, manufacture or replication of optical media.
Supervise regulate, grant, or renew licenses for specific periods, or deny, suspend, or cancel the same, subject to such conditions as it may impose
LICENSING AND REGULATORY PROVISION
•(a) Importation, exportation, acquisition, sale or distribution of optical media, manufacturing equipment, parts and accessories and manufacturing materials used or intended for use in the mastering, manufacture or replication of optical media;
(b) Possession or operation of manufacturing equipment, parts and accessories, or the possession acquisition, sale or use of manufacturing materials for the mastering, manufacture or replication of optical media; and
•(c) The mastering, manufacture, replication, importation or exportation of optical media
FORM, TERM, AMENDMENT AND RENEWAL OF LICENSE
•Every license shall be in a form prescribed by the OMB and shall be valid for a period of three (3) years subject to conditions as the OMB may impose. The OMB may amend or renew a license upon application made by the licensee in accordance with this Act.
GROUNDS FOR NON-ISSUANCE OR NON-RENEWAL OF LICENSE
•(a) The applicant has failed to comply with any requirement imposed by the Board pursuant to this Act and its implementing rules and regulations;
•(b) The applicant or, in the case of juridical persons, any of its officers, directors, managers, shareholders, or partners, is convicted by final judgment of an offense under this Act or any law relating to the protection of intellectual property
•(c) The application involves a place, location or premises where an offense has been committed under this Act or under any law relating to the protection of intellectual property rights: Provided, That the offenders have finally been convicted of such offense;
•(d) The applicant has furnished the OMB with any false or misleading information in connection with any application for or renewal of a license; or
•(e) The applicant has been previously issued a license that has been cancelled for cause within the preceding five (5) years from the date of the application.
GROUNDS FOR SUSPENSION OR CANCELLATION OF LICENSE
•(a) when requested by the license holder;
•(b) when the license holder has ceased to engage in the activities authorized under the license or in the place, location or premises indicated in the license;
•(c) when the license holder has been convicted of an offense under this Act or under any other Law relating to the protection of intellectual property rights; or
•(d) when the license holder is in breach of, or is unable to comply with any of the conditions prescribed in the license.
REGISTRATION OF PRESENT LICENSES
•All existing establishments or entities in the Philippines engaged in activities enumerated in Section 13 shall, within thirty (30) calendar days after the effectivity of the rules and regulations implementing this Act, register with and secure the necessary licenses from the OMB
SOURCE IDENTIFICATION (SID) CODES
•The OMB shall determine, develop and/or adopt a system of Source Identification (SID) codes that is of international recognition and acceptance
OFFENSES AND PENALTIES
•Imprisonment of at least three (3) years but not more than six (6) years, and a fine of not less than Five Hundred thousand pesos (Php 500,000.00) but not exceeding One Million five hundred thousand pesos (Php 1,500,000.00), at the discretion of the Court, shall be imposed on any person, natural or juridical, who shall:
•Engage in the importation, exportation, acquisition, sale or distribution of, or possess or operate manufacturing equipment, parts and accessories without the necessary licenses from the OMB;
•(2) Engage in the mastering, manufacture, replication, importation or exportation of optical media without the necessary license from the OMB;
•(3) By himself, or through another, cause the mastering, manufacture or replication of any intellectual property in optical media intended for commercial profit or pecuniary gain without authority or consent of the owner thereof;
•(4) Engage in the Mastering, manufacture, or replication of optical media without affixing or installing in the resulting products the SID Code, and/or such other codes prescribed, assigned and authorized by the OMB. The absence of the codes prescribed, assigned and authorized by the OMB in any optical media shall be
•(6) Engage in the mastering, manufacture, or replication of optical media using, affixing or installing in the resulting products false SID or other codes that have been assigned by the OMB to another person, or, having been assigned and authorized said codes by the OMB, allow or authorize another person, establishment or entity to use, affix or install such codes in the latter's
•(5) Engage in the mastering, manufacture, or replication of optical media using, affixing or installing in the resulting products false SID or other codes. The presence of false or unauthorized codes shall be prima facie evidence that said optical media are in violation of this act;
Imprisonment of at least one year but not more than three years and a fine not less than one hundred thousand pesos, but not exceeding five hundred thousand pesos, at the discretion of the court, for the following offenses:
•(2) Knowingly performing or rendering the service of mastering, manufacture or replication of optical media, after having been licensed by the OMB, to any person, in respect of any intellectual property, who does not have the consent by the owner of the intellectual property or his representatives or assigns
•Engaging in the importation, exportation, sale or distribution of, or possess or acquire in commercial quantities manufacturing materials used or intended for use in the mastering, manufacture or replication of optical media without the necessary licenses from the OMB;
DETERMINATION OF PENALTIES
n determining the number of years of imprisonment, or amount of fine to be imposed, the court shall consider the size of the operations of the offender, the value of the articles involved in the violation, and the period of violation. In imposing administrative penalties, the OMB shall likewise consider the said circumstances
•If the offender is an alien, the person shall immediately be deported after serving his sentence, and shall, thereafter, be refused entry into the country.
•If the offender is a government official or employee, he shall suffer perpetual disqualification from public office and forfeiture of his right to vote and participate in any public election for ten (10) years.
TRANSFER OF FUNDS, ASSETS, LIABILITIES AND RECORDS
•All unexpended appropriations , real and personal property, contracts, records, documents, and assets and liabilities of the VRB shall be transferred to the OMB.
CLASSIFICATION OF MOTION PICTURES AND CINEMATOGRAPHIC WORKS
•The classification for audience suitability of motion pictures and cinematographic works in optical media including related publicity materials thereto shall be the function of the Movie and Television Review and Classification Board (MTRCB)