03/02/2015
ARTISTS UNITE! OPPOSE HB4218!!!
ALTERNATRIBU POSITION PAPER -
Outrightly opposing HB 4218 or OPM
Development Bill of 2014
MUSIC as a LANGUAGE
“Where words leave off, music begins.” ―
Heinrich Heine.
Music is a language. It is a language for all
humans. It is a language of an abstract
expression of human beings’ perception that
attracts the sense of hearing towards listening,
understanding, and feeling. Every culture
makes music. Not only that, every past culture
has made music too.
PRODUCTION of MUSIC
The industry began when Thomas Edison
started to record sound. If sound can be
recorded, it can record music then, this started
the production of music recordings for a
product, the use o a machine to listen to these
recordings, with the objective of selling these
products to the listeners.
Then selling became widespread, not only with
the recording production more so in selling of
tickets for audience to watch concerts ( like
movies and plays).
There was music recording production…then
there was music performance/concert
production. These are all production outputs
for the audience or in market economy term,
the consumers/customers. On the other hand,
small and medium business established bars,
clubs and the like which hire musicians and
other musical performers to entertain
customers while they are served drinks.
MUSIC in the ECONOMY
There commenced the development of the
diligent process of creation, production,
performance, marketing and selling of music.
Music created its own supply and demand
locally and globally.
From there, music got hold of an economic
and commercial value which eventually
evolved as an industry. For the producers,
capitalists and investors to have control over
this industry, they need to make laws to hold
control of the said industry.
As technology advanced, the music industry
moved forward with it as well. In this age of
information and digital technology as well as
globalization of services and commodities, it
has now become a reality for music to cross
geographical borders, either physically or
virtually. This made music as an effective
recording and performance audio product for
sale ranging from physical products ( i.e. CDs,
DVDs etc.) to downloading recorded music
through the progress of technology which
influences the production, sales and
marketability of it in all regions and nations.
LABOUR MARKET OF MUSIC as an INDUSTRY
MUSIC is not only a product but an essential
instrument which definitely influences the
minds and hearts of its listeners/
audiences---the music consumers or
customers.
The protection of any country’s culture, music
and arts must be enacted (i.e. by law) for the
benefit of the development of artists and
performers including its labor market for the
Music Industry they’re in. Such is needed in
the Philippines; both for our artists and
performers here and abroad. This is to help
ensure progress/evolving niche of our culture,
arts and music in the global arena.
Unfortunately, the workforce of the Philippine
Music Industry is left with no protection, rights
and benefits within Philippine laws.
MUSIC INDUSTRY WORKING SECTOR IN THE
PHILIPPINES
The working sector of the Philippine Music
Industry does not only comprise of composers,
artists and musicians. All categories of job
functions contributing to the outputs of the
music industry must be part of any beneficial
law. It should not only serve a few
“contributors,” “names,” in the music industry.
Labor/Service Contracts existing for the Music
Industry Workforce of the Philippines do not
recognize and include Security of Tenure,
Benefits and Welfare clauses, for neither are
they mandated by any law. Their contracts are
considered only as Service Obligation without
any social obligation from the contractors
(investors, producers and capitalists).
This special working sector must be given a
different mandate on how their rights and
welfare should be treated/upheld.
The Music workforce is a different working
sector because their passion and talent for
music are the main sources of production,
supported by other job functions. It is not a
plain product or service that they provide, it is
a presentation of their performance with an
artistic sense and talent, either recorded or
live.
LAWS on MUSIC and the ARTS are focused on
the OWNERSHIP and COLLECTION of Fees and
NOT for the protection and assertion of the
Welfare and Rights of the Music Workforce.
In this case, any Bill for Music and the Arts
which ushers protection, security, benefits and
welfare must encompass everyone from
composers, to performers, to the entirety of the
music industry workforce; those who
participate and contribute from the process of
creation, production, marketing and sales in
the Music Industry.
REALIZATION: RIGHTS and WELFARE of the
PEOPLE in the MUSIC INDUSTRY have never
been recognized…never been promulgated.
We can never find a provision in the Law
either in NCCA, Labor Code, IP Code, etc. that
pertains to the special nature of the Labor
Market of the Music Industry. It has no place
in neither any collective negotiation nor
Collective Bargaining of the Labor Code or
even in Collective Management in IP Code.
It’s time for the Talents and Workforce of the
Music Industry to organize themselves as one
Federation/Organization to lobby, assert and
participate in the promulgation of laws for
their rights, welfare and security.
promulgation of laws for their rights, welfare
and security.
Dissecting and Analyzing the OPM BILL.
Please see comments and analyses in blue
font.
House Bill 4218-
An Act Providing for the Promotion, Protection
and Development of the Philippine Music
Industry and for other Purposes.
Section 1. Short Title This Act shall be known
as the OPM Development Act of 2014
Comments: Using OPM as title itself is
misleading and a play of deceit. The main
purpose is to promote OPM as an
organization, which is “ Organisasyon ng mga
Pilipinong Mangaawit” which is composed of
Filipino solo vocalists. OPM as Original
Pilipino Music has been used to give the
wrong impression about Philippine Music.
If this will be used as a title of this act, this
law is benefits only a few singers and
investors. This doesn’t represent the entire
Philippine Music Talent Market and Workforce.
This is neither a recognized nor anr acceptable
term for the Alternative Pinoy Music, which is
created and performed by our Pinoy Rock
Bands, and for other musicians and talents i.e.
Rappers, Folk Singers, Show Bands etc.
The Title “OPM” per se is unacceptable to the
entire workforce of the Music Industry. In this
case, OPM stands for the Opportunist Purpose
using Music for the interest of the few big
investors and capitalists using their dummies.
Section 2. Declaration of Policy- it is hereby
declared as the policy of the State to support
original Filipino Music and guard against
preferential treatment of the foreign music in
the Philippines to the detriment of the
Philippine Music Industry.
Comments: This declaration should be geared
towards implementing Protection and Security
Policies for the Filipino Music Industry from
preferential treatment of Foreign Music rather
than guard against preferential treatment.
Section 3 Definition of Terms:
Accreditation shall mean the in-depth
assessment of an artist performer guild or
artist composer guild with particular focus on
whether it is able to look after and promote
the welfare of its members.
Comments and Analysis: This is just an
offspring of IPCode SEC. 6. The Organizational
Structure of the IPO. – x x xà9A.2. Accept,
review and decide on applications for the
accreditation of collective management
organizations or similar entities. The main
intention of accreditation is to limit the
beneficiaries among the highly commercialized
establishments and talents of the Music
Scene, particularly those who are contracted
under the networks/ broadcasts and big
recording/publishing/labeling companies
Registration should be the process to
recognize group of musicians and other
workforce as beneficiaries of the Reciprocal
Equity Fund. It SHOULD NOT LIMIT the
Philippine Music Industry Workforce in
organizing and legalizing themselves as the
direct beneficiaries of the said fund.
Remuneration, Benefits and Security must be
the Primary Allotment for the said fund.
Payment for each officer and legal adviser
must have a limited honorarium as they
should be chosen to serve not to make money
out of MUSIC. Unfortunately, FILSCAP as a
Collective Management Organization, is just
really MILKING THE COW from Music while
not giving what is due to the REAL creators,
performers and workforce of the MUSIC
INDUSTRY.
Note/Reference : In the Labor Code, for any
cases, (only 10% and should not exceed 10%)
is allotted for the monetary amount of the
award ( excluding damages) of the worker/s.
( Ref. Art 111 of the Labor Code-… attorney
fees equivalent to ten percent of the amount of
wages recovered. (b) It shall be unlawful for
any person to demand or accept…attorney’s
fees which exceed ten percent of the amount
of wages recovered.) For the lawyers and
officers of FILSCAP, how much are they
receiving?
Artist shall refer to any person who acts,
composes, conducts, creates, dances, delivers,
declaims, plays, sings or otherwise performs a
musical presentation. ( Redefine)
Broadcast shall refer to either wire or wireless
transmission of sounds and/or images in
broadcasting activities
Equity Fees shall be referred to fees collected
as remuneration for the displacement of
Filipino Performers by foreign performers. -à
Good… this must be the purpose of the BILL.
Lead Artist shall refer to the artist/s top billing
a performance
Comments- What is the main intention of this
definition? This has an obvious intent to
identify levels of prices of fees for the Artists/
Performers both Foreign and Filipino.
Said Act must focus on all Talents without
prejudice as this is an obvious provision of
inequity and disproportion of allotment of the
Equity Fund.
All should be defined as Talents, Artist,
Workers and Support Staff.
Minor Artist shall refer to back-up singers,
dancers, musicians or any other artist in a
performance other than the Lead Artists.-
Definitely , this is a prejudiced and
discriminatory definition of Artists/Performers
which has an obvious intent to price lesser
payment for these “minor” artists.
Original Pilipino Music or OPM shall refer to a
musical composition originally composed or
performed by a Filipino.
Performance shall refer to the live or recorded
staging of an artist’s talents.
Performance Workers shall refer to the
crewmembers or any person who works helps,
assists in the staging a performance other
than the artist.
Performer shall refer to an artist belonging to
any of the following classes or categories,
singer, musician, theater actor, dancer and
other similar classes or categories.
Comments:
We should not discriminate amongst those
who contribute in the production of MUSIC
(either in performance or production). The
funds collected must be allotted for the
primary benefits and welfare of the Philippine
Music Industry Workforce
Categorization may be identified in accordance
to the nature of their contribution in the work
and market output.
a creative artist is a ‘special’ professional
when he or she is ‘engaged or commissioned
to produce one or more specified works’
an interpretive artist is a ‘special’ professional
when he or she uses ‘intellectual, artistic,
musical, physical or other personal skills in
the presence of an audience or appears in a
film, on a tape or disc or in a television or
radio broadcast’ (based on Australian Tax
Office, 2002)
Industrial talents- These are additional special
professionals, when he/she uses intellectual
technical competencies or other personal skills
as part of the production line in producing one
or more specified works/ output.
Support workers – these are workers either
skilled or unskilled, when she/he uses her
effort and strength in support of the
production of specified work or output
Main Artist- is the Main owner/performer of a
certain performance or work.-optional
Section 5. Strengthening the National
Committee on Music- The National Committee
on Music (NCM), under the Subcommission of
the Arts if the National Commission for Culture
and the Arts (Commission) shall have the
following additional powers and functions:
Provide guidelines and regulate all domestic
and foreign producers and events or concert
organizers intending to bring into the
Philippines foreign artists who will present or
stage a public performance of musical works;
Determine the amount of and collect equity
fees, which shall be adjusted from time to
time, from all foreign lead artists, minor
artists and performance workers in accordance
with this Act;
Devise a system of and grant Tax Credits to
Broadcast Organizations in Accordance with
this Act;
Review and Provide for a system of payment
of royalties to Filipino creators and owners of
original musical works; and
Devise and administer Accreditation System
for artist-performer and artist-composer
guilds.
Comments/Analysis:
NCCA is only mandated to formulate and
implement policies and plans that will
conserve and promote the nation’s historical
and cultural heritage; to ensure the widest
dissemination of artistic and cultural products
among the greatest number across the country
and overseas for their appreciation and
enjoyment; to preserve and integrate
traditional culture and its various creative
expressions as a dynamic part of the national
cultural mainstream; to ensure that standards
of excellence are pursued in programs and
activities implementing its policies.
With the above mandate, NCCA as the main
agency and NCM as one of its committees,
they are not the proper body/ entity to
implement allocation of the collected Equity
Fund or even declare tax credits to broadcast
groups. They don’t even have a particular
program for the rights and welfare of the
artists , musicians and other working sectors
of the Music Industry. It focuses on nation’s
historical and cultural heritage conservation
and promotion.
There should be a separate entity or Music
Industry Council that will manage and
implement the collection and allocation of the
Reciprocal Equity Fund, and collection of a
certain percentage in the Amusement Tax and
Artists/Musicians Income Tax.
Priority Allocation must be in accordance to
the hierarchy of needs of the working sector of
the Music Industry.
Government mandated benefits” Employers’
Contribution (either subsidy or full amount).
( SSS and Philhealth)
Subsidy on Health / Sickness Benefit on top of
SSS and Philhealth
Training, Research, Education and Excellence
Social Welfare Fund aside from government
mandated benefits
Corporate Financial Aid of Big Networks/
Businessesà
Assistance for Philippine representation in a
global exercise
Funding Assistance on creation/excellence/
research for global standardization
Public Lending Rights
Alternative or Stable Livelihood Programs
Unfortunately, there is no existing law in the
Labor Code, IP Code, Government Mandated
Benefits Law which states specific provisions
on the Rights, Welfare and Security of the
Labor Market of the Music Industry unlike
OWWA.
There should be a special Collective
Bargaining Unit for the Philippine Music
Workforce to collect the funds for their Welfare
and Benefits,
Section 6. Accreditation of Guilds- The NCM
shall accredit only ONE guild per category or
class of performer or artist. The accreditation
given to a guild pursuant to this Act shall be
valid for only two (2) years and may be
renewed yearly thereafter.
Comments: This is against the Bill of right to
self organization. Any group of musicians
must be encouraged to be organized and must
be recognized. Even the Labor Organzations /
Cooperatives don’t have any limitation in
organizing. Even Unions or even associations/
societies/organizations will just undergo a
registration process, not an accreditation
process.
To reiterate, this is an offspring of IPCode
SEC. 6. The Organizational Structure of the
IPO. – x x xà9A.2. Accept, review and decide
on applications for the accreditation of
collective management organizations or
similar entities.
Comments: The main intention of this
accreditation is to limit the “COLLECTORS”
among the highly commercialized
establishments and talents of the Music
Scene, particularly those who are contracted
under the networks/ broadcasts and big
recording/publishing/labeling companies
Section 7. Permanent Seats in the Executive
Council of the NCM- One representative from
any duly-accredited performers’ guilds and
one representative from the duly-accredited
composer’s guild shall each have a permanent
seat in the Executive Council of the NCM. The
said representatives to the Executive Council
of the NCM. The said representatives to the
Executive Council shall be chosen by the
Commission
Section 7. ( duplicated section) Reciprocal
Equity Fees- The Equity Fee chargeable to a
foreign lead artist, minor and performance
worker shall be equivalent to the amount being
charged to a Filipino lead artist, minor artist
and performance worker in the country of
origin or registered country of the said foreign
artists or performance workers.
Comments:The right to collect should be done
by an organized Federation of Music Industry
Labor Market Union’s or Council that
represents working sector of the Music
Industry.
Comments: This is an international standard
on the globalization of the music industry on
Equity Fund ( for confirmation). Therefore,
NCM is not the proper entity to collect.
Section 8. Equity Fund- The income from
equity fee shall be constituted into a Fund to
be exclusively used for the benefit of the local
performers who are members of any of the
performer’s guilds duly accredited by the
NCM. The fund shall be collected,
administered and managed by NCM in
accordance with its rules.
Comments: There is an obvious intention to
limit the beneficiaries using accreditation
system. All registered organizations of the
Music Industry must benefit from this not only
by this few accredited organizations. This is
just a simple logical explanation---The lesser
beneficiaries, the higher the amount of money
they can collect.
Section 9. Tax Credits – All broadcasting
organizations broadcasting a minimum of four
original Pilipino Music in every clock hour
program shall be entitled to a tax credit, the
amount which and the rules governing
therefore shall be provided by NCM in
consultation with the Bureau of Internal
Revenue.
As always mentioned and argued, this should
not fall under this bill…
Alternatribu Position on this Issue:
We are calling the entire Workforce of the
Philippine Music Industry to unite and oppose
the HB 4218 and assert for the MAGNA
CARTA of the Philippince MUSIC INDUSTRY
Workforce Rights and Welfare and be included
as a SPECIAL SECTOR in the LABOR CODE.
The state must primarily promulgate SOCIAL
and ECONOMIC LAWS TO UPHOLD
PROTECTION OF RIGHTS, WELFARE,
EMPLOYMENT AND DEVELOPMENT OF THE
WORKING SECTOR OF THE MUSIC INDUSTRY
BASED ON SOCIAL JUSTICE.
The State must:
Recognize and affirm the rights of the Working
Sector (Musicians, Artists, Talents and
Workers) of the Music Industry in all
categories primarily in the participation of
policy formulation, planning, organization,
implementation, management, monitoring, and
evaluation of all programs, projects, and
services related to the Music Industry. It shall
support policies, researches, technology, and
training programs and other support services
such as financing, production, and marketing
to encourage active participation of the Music
Industry in the National Socio- Political and
Economic Development. Therefore, the State
must establish a National Center for Music
Industry Worker’s Rights, Welfare and Security
( similar to OWWA);
Ensure full integration of workers, artists,
talents and musicians in all aspects of the
Music Industry, that shall provide ample
opportunities to enhance and develop their
skills, acquire productive employment for their
families and communities to the fullest of their
capabilities;
Recognize the economic, cultural, social and
political realities of the working sector in the
Music Industry. The State must recognize the
influence of music in all aspect of Filipino
Culture and Living encompassing physical,
sociological and psychological dimensions of
Filipino Culture;
Must recognize all organizations within the
Music Industry that serve the rights, welfare,
security, development of it Philippine Music
Industry Working sector. Recognition of
organizations should only be governed by
registration process same as Labor
Organizations, Unions, POs, NGOs,
Associations, Federations and Cooperatives
without limiting the number of registrants per
category. This is in line with the bill of rights
specifically the right to self-organization and
their right to negotiate and social/ cultural
dialogue;
Affirm workers, musicians, artists, talents in
the Music Industry as a Special Sector
alongside their human rights and must
intensify its efforts to fulfil its duties under
international and domestic laws to recognize,
respect, protect, fulfil, and promote all human
rights and fundamental freedoms of workers,
artists and musicians in the Philippine Music
Industry especially the marginalized ones, in
the economic, social, political and cultural
ground without distinction or discrimination on
account of class, age, s*x, gender, language,
ethnicity, religion, ideology, disability,
education, and status;
Provide the necessary mechanisms to uphold
Workforce of the Music Industry’s rights and
adopt and undertake all legal measures
necessary to foster and promote the equal and
fair opportunity for the Working Sector of the
Music Industry to participate in and contribute
to the development of the artistic, economic,
social, cultural and even in the political realms
of the nation;
Recognize its responsibility to develop and
promote its own music as Filipino in different
localities in the Philippines, not limiting it in
the National Capital Region;
Recognize the economic and social needs of
music sector as their employment status is
always unstable and fluctuating.
Recognize the Music Industry as a Special
Industry with special working sector not
merely a committee under NCCA, which
doesn’t have focal mandate to the economic
welfare and employment and the huge
business side of the industry as well as the
importation of foreign acts and exportation of
our local talents abroad.
Allocate funding from Amusement Tax,
Reciprocal Equity Fees etc in the priority areas
of rights, welfare/benefits, social security,
health , loan assistance and development as
well as rewards and recognition for the
Philippine Music Talent and Workforce.
To reiterate…our struggle as Workforce of the
Philippine Music Industry doesn’t stop with
this issue…
Let the Voice of the Music Artists and
Workforce be heard!
Scrap OPM Development Bill, a Fallacious Bill
for Opportunist Purpose using Music (OPM)!
Oppose Accreditation Process, Fight for the
Right to Organization of Philippine Music
Artists and Workforce!
Assert the Rights, Security and Social and
Economic Welfare of the Philippine Music
Artists and Workforce!
Unite for MAGNA CARTA of TALENTS and
WORKforce of Philippine MUSIC Industry
