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Navigating the New Soundscape: Understanding IPOPHL’s Groundbreaking Circular on Rights of Sound Performers and Producers

Written by Pericles Casuela.

The Intellectual Property Office of the Philippines (IPOPHL) has unveiled a pivotal legal update with Memorandum Circular No. 023, S. 2023. This circular explicitly addresses the Implementing Rules and Regulations concerning the Rights of Sound Performers and Producers of Sound Recordings, providing a detailed framework for intellectual property rights in the audio and music industry.

Anchored in Section 13, Article XIV of the Philippine Constitution, the circular fortifies the State’s commitment to protect the intellectual property rights of artists and other creative citizens.

This circular is not limited in its ambitions; it covers a comprehensive array of rights and obligations, from the right to reproduction to distribution and public performance.

One striking provision is the introduction of a right to remuneration for both sound performers and producers when their work is broadcasted or communicated to the public. This is a monumental shift, as it directly addresses the financial aspects of intellectual property in sound recordings and performances.

The circular also articulates specific limitations on exclusive rights. For instance, it provides exemptions for uses related to news reporting, educational activities, and public performances that are not meant for commercial gain. This nuanced approach ensures that the law does not stifle creativity and public discourse.

A noteworthy inclusion is the robust anti-piracy measures that the circular introduces. These measures give both sound performers and producers more substantial legal footing to combat unauthorized use and distribution of their work.

This update is a game-changer for sound performers and producers alike. It not only provides a legal framework for protecting their intellectual property but also includes specific clauses that could have immediate financial benefits. Both parties should acquaint themselves with these new guidelines to fully comprehend their new rights and responsibilities.