OPM POSITION PAPER: ANTI-PIRACY BILL
THE Organisasyon ng Pilipinong Mang-aawit (OPM) supports the passage of legislation that will suppress and prevent entertainment media piracy.

Sadly, however, none of the proposed bills recognize and protect the exclusive rights of performers to their performance, perhaps unmindful that the exclusive right to record, directly or indirectly reproduce performances in sound recordings, to publicly distribute, to sell or to broadcast recorded performances belong to the performer, not to the record or entertainment media producer.

Section 203 of Republic Act No. 8293 expressly provides that performances shall enjoy the following exclusive rights:

1. As regards their performances, the right of authorizing:
   a. The broadcasting and other communication to the public of their performance;
   b. The fixation of their unfixed performance.
2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings, in any manner or form;
3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original and copies of their performance fixed in the sound recording through sale or rental or other forms of transfer of ownership;
4. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings, even after distribution of them by, or pursuant to the authorization by the performer; and
5. The right of authorizing the making available to the public of their performances fixed in sound recordings; by wire or wireless means, in such a way that members of the public may access them from a place and time individually chosen by them. (Sec. 42, P.D. No. 49a)

OPM strongly proposes that the proposed legislation on entertainment media piracy include a provision that in evaluating any application for a permit, license or authority to manufacture, produce, reproduce, distribute, sell, import or export entertainment media, the applicant should show proof that the applicant secured the authority the consent of all performers involved in the performance to be recorded ad reproduced in any entertainment media. The legislation must expressly direct the Videogram Regulatory Board, or its successor entity, to deny and reject any such application for permit, license or authority if the applicant fails to show that the rights of performers have been respected.