OPM & PRSP: PARTNERS IN DEFENDING ARTISTS' RIGHTS

Piracy, amusement tax, artists' rights, singer's equity, strict implementation of Executive Order No. 225 (mandating the broadcast of at least four Filipino music per hour in radio stations), and collection of artists' royalties are some of the issues that affect the performing artists in the Philippines. Added to all these, the performing arts industry has been bogged down by a new tax regime; a contracting economic environment; increasing cost of production; and the urgent need to defend the rights of its members.

The Organisasyon ng Pilipinong Mang-aawit (OPM) and its umbrella organization, the Performers Rights' Society of the Philippines (PRSP), have been together in promoting one of the country's greatest resources - THE FILIPINO PERFORMING ARTISTS. The partnership seeks to professionalize the entertainment industry through enactment of measures to safeguard the rights of the artists. It is our firm belief that in the end, to defend the rights of the artists is to protect the patrimony of the nation.

OPM's Mandate
The Organisasyon ng Pilipinong Mang-aawit or OPM is the leading organization of performing artists in the Philippines. Throughout its 16 years of existence, OPM has championed the interests and defended the rights of performing artists. It was established in 1986, the same year the historic EDSA People Power revolution occurred in the Philippines. OPM's creation meant that, for the first time in the history of the Philippine music industry, a professional and credible entity dedicated to the protection and advancement of the rights and privileges of the performing Filipino artist was born.

OPM's main mission is to work for the Filipino singer's advancement through:

• advocating policies for the growth of the music industry;
• ensuring that policies are correctly implemented;
• ensuring that members are adequately supported through legal assistance and professional enhancement;
• continuing promotion for the Filipinos' patronage of local singers and original Pilipino music compositions; and
• continuing promotion for the recognition of the Filipino singer and song in the international arena.

Accomplishments
Since 1986, OPM has moved from a mere organization of performing artists to cultural advocates - promoting, protecting and pushing for the rights of artists through active engagement in the following advocacies:

• The lobbying at the Senate in August 1996 for the deletion of Section 27 (B) (III) of House Bill No. 6060. The provision sought to limit corporate sponsorship of concerts, live shows and sport events to 0.35% of a company's gross sales. If enacted, this would have eradicated a lucrative source of livelihood among industry workers as producers would venture to produce shows/concerts featuring only tried and tested singers.
• The eradication of the practice among television stations/producers of nonpayment of honoraria to singers/artists for their guesting is another success story. OPM likewise sought the strict implementation of Executive Order N. 255 s 1987 whereby local radio stations with musical formats play four (4) original Filipino music per clock. OPM spearheaded the lobby in the House of Representatives for the separation of the Amusement Tax being levied on movies from live performances. The latest success of OPM's active promotion of their collective agenda was the passage of the Intellectual Property Code or Republic Act. No. 8293 which was signed into law in January 1998.
• The much lauded passage of Republic Act No. 8293 though once again burdened OPM with additional tasks to perform. The most telling burden of which is how to collect what is rightfully the artists share. The law imposed an additional remuneration of at least five percent (5%) of the original amount received from the first broadcast or communication of the performance. The law also strengthened the artist's claims and granted the right to object to any distortion, mutilation or any form of modification of his performance that would be prejudicial to his reputation. The problem that arises is enforceability and monitoring when an organization such as the OPM is not geared towards those twin tasks.
• The creative way of policing the entry of foreign artists in the country by entering into an agreement with the Bureau of Immigration and Deportation providing for an Equity Collection Scheme, the proceeds from which have provided benefits to member through equity payment from foreign performers.

PRSP and Artists' Rights
In 1996, OPM spearheaded the move to pursue the protection of copyrights and neighboring rights in the Philippine Music and the Performing Arts sectors by forming an Alliance to collectively promote the Intellectual Property Code of the Philippines. The formation of an Alliance has given birth to a collecting society: the Performing Rights Society of the Philippines, Inc. (PRSP).

PRSP acts as the collecting society of performers, such as actors, singers, musicians, dancers and other persons who act, sing, play in, interpret or otherwise perform literally and artistic work. It seeks to protect their common interests and welfare, promote cooperation and collective action in the pursuit of their similar goals and objectives. PRSP guarantees them their benefits, including the collection, distribution and application of royalties on heir behalf.

The following guilds and organizations compose the PRSP network:

• Asosasyon ng Musikong Pilipino (organization of Filipino musicians)
• KATHA (organization of Filipino composers)
• PHILSTAGE (alliance of professional performing arts companies)
• KAPPT (organization of film and television actors)
• PARI (the umbrella organization for the recording industry)

In defense of artists' rights
Artists' Rights are based on five (5) major concerns of OPM's advocacy efforts over the years:

1. Singer's Equity;
2. Amusement Tax;
3. strict adherence to executive Order No. 255 ;
4. protection and promotion of Intellectual Property Rights (IPR); and
the combined industry effort to fight piracy.

The defense of artists' rights is a focus that is urgent and vital in the evolving environment of promotion and advocacy of Filipino artists. It is in this front that both OPM and PRSP seeks to harness National Government and International funding and institutional support; assistance from bilateral and multilateral donor agencies; the philanthropy of the corporate community in strengthening its organization, the Alliance and forming links with similar intellectual property organizations abroad.