WHEREAS,
piracy and counterfeiting of audio and audio-visual products have
become rampant, resulting in serious financial prejudice to the film
and recording industries, and the loss of substantial tax revenues to
the Government; chanroblesvirtualawlibrary
WHEREAS, it is imperative for the survival and protection of the film
and recording industries that certain provisions of Presidential Decree
No. 49, otherwise known as "Decree on Intellectual Property," be
amended for the purpose of lengthening the period within which a
producer of a sound recording must deposit two copies thereof with the
National Library, and prescribing stiffer penalties for piracy of sound
recordings and motion pictures or other audio-visual works;chanroblesvirtualawlibrary
WHEREAS, the current crisis in the movie industry amounts to a grave
emergency affecting the economic stability of the nation and the
livelihood of hundreds of thousands of families and workers dependent
on the industry;chanroblesvirtualawlibrary
WHEREAS, the issuance of this Decree will help in the national economic
recovery program designed to meet the emergency facing the
industry; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. Section 50 of Presidential Decree No. 49
is hereby amended to read as follows: chanroblesvirtualawlibrary
"Sec. 50. Within six (6) months after its
manufacture, two copies of a sound recording shall be deposited, by
personal delivery or by mail, with the National Library. Upon such
deposit, the Director shall issue to the producer a certificate under
the seal of the library indicating the fact and date of such deposit.
This certificate shall constitute a prima facie evidence of the facts
stated therein."
Section 2. Section 56 of Presidential Decree No. 49
is hereby amended to read as follows:cralaw:red
"Sec. 56. The prohibition and penalties provided in
Section 29 shall apply to infringement of any of the rights granted in
this Chapter; Provided, however, That the mandatory penalty of
imprisonment of not less than three (3) months and one (1) day to not
more than one (1) year, plus a fine of not less than Ninety Thousand
Pesos, shall be imposed upon any person who shall: chanroblesvirtualawlibrary
(1) Transfer or cause to be transferred, directly or
indirectly, any sound recording or motion picture, or other
audio-visual work that has been recorded on a phonograph record, disc,
wire, tape, film or other article on which sounds, motion pictures, or
other audio-visual works are recorded, with intent to sell, lease,
publicly exhibit or cause to be sold, leased or publicly exhibited, or
to use or cause to be used for profit, such article on which sounds,
motion pictures, or other audio-visual works are so transferred,
without the written consent of the owner or his assignee; or
(2) Sell, lease, distribute, circulate, publicly
exhibit, or offer for sale, lease, distribution or possess for the
purpose of sale, lease, distribution, circulation or public exhibition,
any such article to which sounds, motion pictures or audio-visual
recordings thereon have been so transferred, without the written
consent of the owner or his assignee; or
(3) Offer or make available for a fee, rental or any
other form of compensation, directly or indirectly, any equipment,
machinery, paraphernalia or any material with the knowledge that such
equipment, machinery, paraphernalia or material will be used by another
to reproduce, without the consent of the owner, any phonograph record,
disc, wire, tape, film or other article on which sounds, motion
pictures, or other audio-visual recordings may be transferred;chanroblesvirtualawlibrary
For purposes of this Act, public exhibition shall cover any exhibition
wherein fifteen (15) or more persons are present, for monetary or
promotional considerations. Private clubs are likewise herein
included."
Section 3. All laws, decrees, executive orders,
rules, regulations, and other enactments, or parts thereof inconsistent
with the provisions of this Decree, are hereby repealed, amended or
modified accordingly.
Section 4. This Decree shall take effect after
fifteen (15) days following its publication in the Official Gazette.
DONE in the City of Manila,
this 5th day of October, in the year of Our Lord, nineteen hundred and
eighty-five.
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