Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaFourteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
REPUBLIC ACT NO. 10088
AN ACT TO PROHIBIT AND PENALIZE THE UNAUTHORIZED USE, POSSESSION AND/OR CONTROL OF AUDIOVISUAL RECORDING DEVICES FOR THE UNAUTHORIZED RECORDING OF CINEMATOGRAPHIC FILMS AND OTHER AUDIOVISUAL WORKS AND/OR THEIR SOUNDTRACKS IN AN EXHIBITION FACILITY, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Camcording Act of 2010".
Section 2. Definition of Terms. - For purposes of this Act:
(a)"Audiovisual work" means a work that consists of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the...
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Republic Acts
AN ACT TO PROHIBIT AND PENALIZE THE UNAUTHORIZED USE
Republic Act No. 10088
Summary of Republic Act No. 10088 (Anti-Camcording Act of 2010)
Definitions:
- Audiovisual work: A series of related images intended to be shown with accompanying sounds. (Section 2a)
- Audiovisual recording device: Any device capable of recording or transmitting a film or audiovisual work. (Section 2b)
- Authorized person: Members of PNP, NBI, and others authorized to exercise powers under this Act. (Section 2c)
- Camcording: Unlawful acts enumerated in Section 3. (Section 2d)
- Cinematographic film: An audiovisual work that imparts an impression of motion with accompanying sounds. (Section 2e)
- Copy: Any article embodying the visual images or sounds of a film or audiovisual work. (Section 2f)
- Copyright owner: One who has exclusive rights under the Intellectual Property Code. (Section 2g)
- Exclusive licensee: Authorized in writing to do an act that the copyright owner has exclusive rights to. (Section 2h)
- Exhibition facility: Any venue used for public exhibition of a film or audiovisual work. (Section 2i)
- Operator of an exhibition facility: Person or entity required to hold a license to operate the facility. (Section 2j)
- Relevant authority: Officers and personnel of law enforcement agencies like PNP and NBI. (Section 2k)
- Transmit: To convey by any means, wired or wireless. (Section 2l)
Prohibited Acts (Section 3):
- Using or attempting to use an audiovisual recording device to transmit or copy a film or audiovisual work in an exhibition facility without authorization.
- Possessing an audiovisual recording device in an exhibition facility with intent to transmit or copy a film or audiovisual work without authorization.
- Aiding, abetting, or conniving in the commission of the above acts.
Penalties (Section 4):
- Fine of PHP 50,000 to PHP 750,000 and imprisonment of 6 months and 1 day to 6 years and 1 day.
- Maximum penalty if the purpose is sale, rental, or commercial distribution.
- Deportation for aliens after serving sentence.
- Perpetual disqualification from public office and forfeiture of right to vote for 5 years for government officials or employees.
Presumptions (Section 5):
- Copyright is presumed to subsist in the work unless the accused puts it in issue in good faith.
- The person whose name appears on copies as the maker is presumed to be the copyright owner, unless contrary is established.
- An affidavit by the copyright owner asserting facts about copyright subsistence and ownership is prima facie proof, unless oral evidence is required.
No Defense for Private or Domestic Purposes (Section 6):
- It is not a defense that the transmission or copying was for private or domestic purposes or in connection with fair use.
Posting of Notices (Section 7):
- Exhibition facilities must conspicuously post notices warning against bringing audiovisual recording devices.
- Failure to comply results in a fine of PHP 50,000.
Powers of Authorized Persons (Sections 8 and 9):
- Authorized persons can enter and search exhibition facilities without a warrant if they have reasonable grounds to believe a violation has occurred or is occurring, and delay could result in loss of evidence.
- Authorized persons can search persons, seize devices or objects containing evidence, use reasonable force to remove obstructions, detain persons for up to 18 hours, and require operators to provide information or assistance.
Forfeiture and Disposal (Section 10):
- The court may order the destruction or delivery to the copyright owner of unauthorized copies, audiovisual recording devices, or other equipment in possession of the alleged offender.
- Representative samples may be retained as evidence until final resolution of court proceedings.
Enforcement (Section 11):
- PNP, in coordination with NBI, OMB, operators of exhibition facilities, and copyright owners, shall enforce the provisions of this Act.
- PNP may deputize heads or personnel of government agencies, private sector representatives, or stakeholders to perform enforcement functions.
Definitions:
- Audiovisual work: A series of related images intended to be shown with accompanying sounds. (Section 2a)
- Audiovisual recording device: Any device capable of recording or transmitting a film or audiovisual work. (Section 2b)
- Authorized person: Members of PNP, NBI, and others authorized to exercise powers under this Act. (Section 2c)
- Camcording: Unlawful acts enumerated in Section 3. (Section 2d)
- Cinematographic film: An audiovisual work that imparts an impression of motion with accompanying sounds. (Section 2e)
- Copy: Any article embodying the visual images or sounds of a film or audiovisual work. (Section 2f)
- Copyright owner: One who has exclusive rights under the Intellectual Property Code. (Section 2g)
- Exclusive licensee: Authorized in writing to do an act that the copyright owner has exclusive rights to. (Section 2h)
- Exhibition facility: Any venue used for public exhibition of a film or audiovisual work. (Section 2i)
- Operator of an exhibition facility: Person or entity required to hold a license to operate the facility. (Section 2j)
- Relevant authority: Officers and personnel of law enforcement agencies like PNP and NBI. (Section 2k)
- Transmit: To convey by any means, wired or wireless. (Section 2l)
Prohibited Acts (Section 3):
- Using or attempting to use an audiovisual recording device to transmit or copy a film or audiovisual work in an exhibition facility without authorization.
- Possessing an audiovisual recording device in an exhibition facility with intent to transmit or copy a film or audiovisual work without authorization.
- Aiding, abetting, or conniving in the commission of the above acts.
Penalties (Section 4):
- Fine of PHP 50,000 to PHP 750,000 and imprisonment of 6 months and 1 day to 6 years and 1 day.
- Maximum penalty if the purpose is sale, rental, or commercial distribution.
- Deportation for aliens after serving sentence.
- Perpetual disqualification from public office and forfeiture of right to vote for 5 years for government officials or employees.
Presumptions (Section 5):
- Copyright is presumed to subsist in the work unless the accused puts it in issue in good faith.
- The person whose name appears on copies as the maker is presumed to be the copyright owner, unless contrary is established.
- An affidavit by the copyright owner asserting facts about copyright subsistence and ownership is prima facie proof, unless oral evidence is required.
No Defense for Private or Domestic Purposes (Section 6):
- It is not a defense that the transmission or copying was for private or domestic purposes or in connection with fair use.
Posting of Notices (Section 7):
- Exhibition facilities must conspicuously post notices warning against bringing audiovisual recording devices.
- Failure to comply results in a fine of PHP 50,000.
Powers of Authorized Persons (Sections 8 and 9):
- Authorized persons can enter and search exhibition facilities without a warrant if they have reasonable grounds to believe a violation has occurred or is occurring, and delay could result in loss of evidence.
- Authorized persons can search persons, seize devices or objects containing evidence, use reasonable force to remove obstructions, detain persons for up to 18 hours, and require operators to provide information or assistance.
Forfeiture and Disposal (Section 10):
- The court may order the destruction or delivery to the copyright owner of unauthorized copies, audiovisual recording devices, or other equipment in possession of the alleged offender.
- Representative samples may be retained as evidence until final resolution of court proceedings.
Enforcement (Section 11):
- PNP, in coordination with NBI, OMB, operators of exhibition facilities, and copyright owners, shall enforce the provisions of this Act.
- PNP may deputize heads or personnel of government agencies, private sector representatives, or stakeholders to perform enforcement functions.