Thursday, April 21, 2016

PRSP MOA Signing

Standing (L-R):  IPO Dir. Carmen Peralta, SR Atty. Ivy Reyes-Fajardo, SR Vice President Alvin de Vera, IPO Atty. Mark Herrin, IPO Atty. Edwin Dating, IPO DDG Allan Gepty, IPO DG Josephine Santiago, IFPI KT Ang, PRSP Vice President Celeste Legaspi-Gallardo, PRSP Atty. Bienvenido Marquez, PRSP Trustee John Lesaca. / Seated (L-R): SR President Atty. Marivic Benedicto, SR Chairman Ramon Chuaying, PRSP Chairman Leo Martinez, and PRSP President Mitch Valdes.

Under section 209 of the Intellectual Property Code of the Philippines (R.A. No. 8293), if a sound recording is used for commercial purposes, publicly performed with the intention of making or enhancing profit or broadcasted, a single remuneration for the performer/s, and the producer of the sound recording shall be paid by the music user to both the performer/s and the producer.

April 19, 2016 was a very historic day for both the record producers and performers in the Philippines.  It was the day of the signing of the Memorandum of agreement (MOA) between the two collective management organizations (CMOs) of the record producers and the performers. 

Sound Recording Rights Society, Inc. (SOUNDSRIGHT) is the CMO of the record producers headed by its Chairman, Mr. Ramon Chuaying of Universal Records and President Atty. Marivic Benedicto of ABS-CBN Films Productions Inc. (formerly Star Recording). The Performers’ Rights Society of the Philippines, Inc. (PRSP) is the CMO for the performers headed by Chairman Mr. Leo Martinez and President Ms. Mitch Valdes. Both CMOs were accredited by the Intellectual Property Office of the Philippines (IPOPHL) under the leadership of Director General Josephine Santiago.

Under the Memorandum of agreement there will be only one collection of royalties for both the record producers and artists/performers making it easier for the music user to pay for royalties for the use of sound recordings in their businesses.

Example of businesses or establishments which sound recordings are used to enhanced profits are restaurants, hotels, retail shops, shopping centers, malls, bars, performance venues, fitness centers, theme parks, tv/radio networks, online streaming and webcasting music services, etc.

This Memorandum of Agreement (MOA) will provide for a system of joint collection by Sound Recording Rights Society, Inc. (SOUNDSRIGHT) and Performers’ Rights Society of the Philippines (PRSP) of revenues from the music users. Both parties agree that SOUNDSRIGHT shall use its collection infrastructure to conduct the practical collection for its own behalf and on behalf of PRSP.

The International Federation of the Phonographic Industry (IFPI) which was represented by Regional Director KT Ang and Regional Licensing Manager Ceasar Apostol witnessed the event.  IFPI has been very instrumental in making this historic event possible.  Through this initiative, we can ensure that the respective members of both CMOs and copyright holders’ rights are effectively enforced.

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