FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
Creativity and innovation are not mere buzzwords floating with the fashion of the 
day. These are the key to development and competitiveness. 
Motion pictures are important both as a medium for the communication of ideas 
and the expression of the artistic impulse. Hence, it is essential to maintain the integrity 
not only of the motion pictures but also television programs, or related promotional 
materials by preserving it in it's the same condition and protecting it against illegal 
in'sertions or alterations. 
Likewise, it is important that the intellectual creation of artists, inventors and 
others be recognized and protected. 
This hill seeks to protect and secure the rights of inventors, artists and other gifted 
citizens to their intellectual property and creations. Also to ensure that the Intellectual 
Property (IP) System promotes creativity and innovation among our artists, scientists, 
inventors, innovators and other creators of IP and its users. 
The passage of this measure is earnestly sought 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
S.B. No. 2426 
Introd[xed by Senator Ramon Bong Revilla, Jr. 
AN ACT 
TO REQUIRE CERTAIN DISCLOSURES RELATING TO 
MATERIALLY ALTERED FILMS 
Be it emcted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Short Title. This Act shall be lcnown as the "Film Disclosure Act." 
Section 2. Declnrdon of Policy. - It is the policy of the state to protect and 
secure the rights of scientists, inventors, artists, and other gifted citizens to their 
intellectual property and creations. 
Section 3. Definition of Terms. -For the purposes of this Act, the term: 
(a) Film or Motion Picture - 
means a theatrical motion picture after its 
publication; 
(b) Artistic Author means - 
1. The principal director, principal screenwriter, and principal 
cinematographer of the film; or 
2. In the event that an individual listed in subparagraph (1) is deceased 
or incapacitated, the heir or heirs of that individual; 
(c) To colorize or colorization - means to add color, by whatever means, to a 
published version of a theatrical motion picture originally made in black and 
white; 
(d) Distributor - means any person, vendor, or syndicator who engages in the 
wholesale distribution o f  motion pictures to any exhibitor, network, retail 
provider, or other person, who publicly performs motion pictures by means of 
any technology, except such term shall not include laboratories or other 
providers of technical services to the motion picture, video or television 
industry. 
(e) Heir - means any person to whom a right passes by bequest or by the 
applicable laws of succession; 
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(f) Lexiconing - means to alter the sound track to conform the speed of the vocal 
or musical portion of a theatrical motion picture which bas been the subject of 
time compression or expansion; 
(g) Exhibitor - means any local broadcast station, cable system, airline, or 
motion picture theatre or other person that publicly performs a motion picture 
by means of any technology; 
(h) Material alteration - means any change, with the exception of changes 
excluded by this subparagraph, made to a motion picture after its publication. 
Material altei-ation includes, but is not limited to, the processes of 
colorization, lexiconing, time compression or expansion, panning, and 
scanning and editing (purposeful or accidental removal of existing material or 
insertion of new material). Material alteration does not include insertions for 
commercial breaks or public service announcements, editing to comply with 
the requirements of the government agency or entity concerned, transfer of 
film to videotape, or any other secondary media now in existence or 
developed hereafter, preparation of a motion picture for foreign distribution 
(subtitling and editing limited to those alterations made under foreign 
standards which are no more stringent than existing standards) or legitimate 
film preservation activities (the primary purpose of which is the restoration of 
the motion picture to its original version); 
(i) Network - means any person who distributes motion pictures to broadcasting 
stations or cable systems on a regional or national basis for public 
performance on an interconnected basis; 
6) Panning and Scanning - means the process by which a motion picture, 
composed for viewing on theatre screens, is adapted for reviewing on 
television screens by modification of the aspect ratio (ratio of width to height) 
of the motion picture and the selection, by someone other than the motion 
picture’s principal director, of some portion of the entire picture for viewing; 
(k) Professional Guild Registry - means a list of names and addresses of persons 
readily available from the files of the appropriate associations, guilds, or 
groups from: (1) directors; (2) screenwriters; and (3) cinematographers; 
(1) Publication, with respect to a motion picture - means the first paid public 
exhibition of the work following previews, trial runs and festivals; 
(m)Retail Provider - means the proprietor of a retail outlet that sells or leases 
motion pictures for home use; 
(n) Secondary Media - means any medium, including but not limited to video 
cassette or video disc, other than television broadcast or theatrical release, 
now in existence or hereafter developed, by which motion pictures are sold, 
leased, or distributed to the public; 
(0) Syndicator - means any person who distributes a motion picture to a broadcast 
television station, cable television system, or any other means of distribution 
by which programming is delivered to television viewers; 
(p) Motion Picture - means a motion picture of sixty (60) minutes duration or 
greater, intended for exhibition, public performance, public sale, or lease. 
Such term does not include episodic television programs of less than sixty 
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(60) minutes duration (exclusive of commercials), motion pictures prepared 
for private commercial or industrial purposes, and advertisements; 
(q) Time Compression and Time Expansion - mean to alter the speed of a 
theatrical motion picture or a portion thereof with the result of shortening or 
lengthening the running time of the work in order to fit the picture into a 
television schedule, airline schedule, or secondary media length; and 
(r) Vendor - means the wholesaler or packager of a motion picture which is 
intended for wholesale distribution to retail providers. 
Section 4. Film Disclosures Required. - 
(a) Each public exhibition of a materially altered motion picture, and each 
copy of a materially altered motion picture, offered to the public 
through sale or lease (including film packaging), shall include a label 
which clearly and conspicuously discloses the following: 
(1) The film has been materially altered from the form in which 
it was first released to the public 
(2) The nature of the alteration; and 
(3) The fact of objection, if any, by the artistic authors of the 
motion picture to any such alternation. 
(b) Any distributor or network that proposes to exploit a materially altered 
(1) Make a good faith effort to notify in writing and by registered 
mail and in a reasonable amount of time prior to such 
exploitation those individuals described in Section 3@); 
film in the manner set forth in the preceding paragraph shall - 
(2) Determine the objections of any individuals so notified to any 
specific materials alteration of the motion picture; 
(3) Determine the objection of any individual so notified by the 
questionnaire set forth in paragraph (h) of this Section to any 
type of future material alterations which are in addition to 
those specifically proposed for the motion picture to be 
exploited; 
(4) Include or aMix the label required under paragraph (a) of this 
Section prior to the public performance of a materially 
altered motion picture already in distribution or the initial 
distribution of a materially-altered motion picture to any 
exhibitor or retail provider of motion pictures intended for 
home use; and 
(5) In the event of affirmative objections by the artistic author to 
any future material alterations, include or afix such 
objections to any copy of a motion picture distributed or 
transmitted to any exhibitor or retail provider. 
(c) Whenever a distributor or network exploits a motion picture which has 
already been materially altered, such distributor or network shall not 
3 


be required to satisfy the obligations set forth in paragraph (b) (l), (2), 
and (3), of this section if- 
(1) Such distributor or network does not further materially alter 
such motion picture; and 
(2) Such motion picture was materially altered by another 
distributor or network that complied fully with all of the 
obligations set forth in subsection (2) 
(d) The requirement of a good faith effort under subparagraph (b)(l) of 
this Section 
is satisfied if a distributor or network that has not 
previously been notified by each individual in Section 3(h): 
(1) Requests in writing the name and address of such individual 
from the appropriate Professional Guild Registry, indicating 
a response date of no earlier than thirty (30) days following 
the date of the request, by which the appropriate professional 
guild must respond; and 
(2) Upon receipt of such information from the appropriate 
professional guild within the time specified in the request, 
notifies each such individual reasonably in advance of the 
date upon which the motion picture is to be released into any 
secondary market. 
The notice to the artistic author shall contain a specific date, 
no earlier than thirty (30) days following the date of such notice, 
by which the individual so notified shall respond. Failure of the 
artistic author or the appropriate professional guild to respond 
within the time period specified shall relieve the distributor or 
network of all liability under paragraph (b) of this Section 
(except for clause (4) of such paragraph); 
(e) The obligations o fan exhibitor shall be limited to - 
(1) Broadcasting, cable casting, exhibiting, or distributing all 
labels required under this section in their entirety as included 
with or distributed by the network or distributor of the 
motion picture; and 
(2) Including or affixing a label as described in Section 3 
paragraphs (e) and (g) on a materially altered motion picture 
as required under paragraph (I)(a) of this section for any 
material alterations performed by the exhibitor to which the 
individuals described in Section 3(b) have objected through 
the questionnaire procedure described in paragraph (2)(b)(3) 
of this Section. 
(9 The provisions of this paragraph shall apply with respect to motion 
pictures intended for home use though either retail purchase or rental, 
except no requirement imposed under this paragraph shall apply to a 
motion picture which has been packed for distribution to retail 
providers before the effective date of this section. 
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The obligations of a retail provider of motion pictures intended for 
home use shall be limited to including or distributing all labels 
required under this section in their entirety as affixed or included by a 
distributor or network. 
(g) There shall be no consideration given in exchange for an artistic 
author's waiver of any objection or waiver of the right to object under 
this subsection. 
(h) Any artistic author of a motion picture publicly exhibited or offered to 
the public through sale or lease within the Philippines who believed he 
is or is likely to be damaged by a violation of this subsection may 
obtain appropriate relief with respect to any violation of this paragraph 
without regard to the nationality or domicile of the artistic author. 
In any action under the preceding paragraph, the court shall have 
power to grant injunctions, according to the principles of equity and 
upon such terms as the court may deem reasonable, to prevent the 
violation of any right of an artistic author. Any such injunction may 
include a provision directing the defendant to file with the court and 
serve on the plaintiff within thirty (30) days after the service on the 
defendant of such injunction, or such extended period as the court may 
direct, a report in writing under oath setting forth in detail the manner 
and form in which the defendant has complied with the injunction. 
Any such injunction granted upon hearing, after notice to the 
defendant - 
(1) May be served on the parties against whom such injunction is 
granted anywhere in the Philippines where they may be 
found; and 
(2) Shall he operative and may be enforced by proceedings to 
punish for contempt, or otherwise, by the court by which 
such injunction was granted, or by any other court in whose 
jurisdiction the defendant may be found. 
When a violation of any right of an artistic author shall have been 
established in any civil action arising under this section, the plaintiff 
shall be entitled to the remedies provided by law. 
In any action under the first paragraph, the court may order that all 
film packaging of a materially altered motion picture (including film 
packages of motion pictures intended for home use through either 
retail purchase or rental) that is the subject of the violation shall be 
delivered up and destroyed. 
No action shall be maintained under this subsection unless it is 
commenced within one (1) year after the claim accrues. 
(i) Any disclosure requirements imposed under a law respecting the 
material alteration of theatrical motion pictures are pre-empted. 
(i) To facilitate location of a potentially aggrieved party, each individual 
identified'in Section 3(b) may notify the copyright owner of the 
motion picture or, as appropriate, one or more of the organizations 
maintaining a Professional Guild Registry. These organizations may 
5 


maintain a current registry of persons so notifying them and may make 
available such information in their possession to facilitate the location 
of any individual so registered for purposes of paragraph (a)(2) of 
Section 4. No cause of action shall accrue against any of the 
professional guilds listed in such section €or failure to provide 
information pursuant to paragraph (a). 
(k) A label for a materially altered version of a theatrical motion picture 
intended for public performance or home use shall consist of a panel 
card immediately preceding and adjacent to the commencement of the 
motion picture, which bears one (1) or more of the following 
statements, as appropriate, in legible type and displayed on a 
conspicuous and readable basis: 
“THIS FILM 
IS NOT 
THE 
VERSION ORIGINALLY 
RELEASED. 
mins. and 
~ 
secs. have been cut [or, if 
appropriate, added]. The [insert, if appropriate: heirs of the] director, , and 
[insert, if appropriate the heirs of the] screenwriter, , object because this 
alteration changes the narrative and/or characterization. It has (also) been 
panned and scanned. The director and [insert, if appropriate: the heirs of 
the] cinematographer, , object because this alteration removes visual 
information and changes the composition of the images. It has (also) been 
colorized. Colors have been added by computer to the original black and 
white images. The director and cinematographer object to this alteration 
because it eliminates the black and white photography and changes the 
photographic images of the actors. It has (also) been electronically 
speeded up (or slowed down). The director objects because this alteration 
changes the pace of the performances.” 
A label for a motion picture that has been materially altered in a 
manner not described by any of the label elements set forth in the 
preceding paragraph shall contain a statement similar in form and 
substance to those set forth in the preceding paragraph which accurately 
describes the material alteration and objection of the artistic author. 
(I) A label for a motion picture which has been materially altered in 
multiple ways, or of which an individual served as more than one (1) 
artistic author, including the principal director and principal 
screenwriter, need only state the name of the artistic author once, in 
the first objection of the artistic author so listed. In addition, a label for 
a motion picture which has been materially altered in multiple ways 
needs only state once, at the beginning of the label: 
“THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED.” 
(m)A label for a film package of a materially altered motion picture shall 
consist of- 
(1) An area of a rectangle in front of the package which bears, as 
appropriate, one (1) or more of the statements listed in 
paragraph (k) in a conspicuous and legible type in contrast by 
typography, layout, or color with other printed matter on the 
package; and 
(2) An area of a rectangle on the side of the package which 
bears, as appropriate, one (1) or more of the statements listed 
6 


in paragraph (k) in a conspicuous and legible type in contrast 
by typography, layout, or color with other printed matter on 
the package. 
(n) The questionnaire required under paragraph (A)(2) of this Section 
shall consist of the following statement and related questions: 
“In order to conform [insert name of motion picture], of 
which you are an ‘artistic author’ (or the heir thereto), to ancillary 
media such as television, airline exhibition, video cassettes, video 
discs, or any other media hereafter developed, do you object to: 
(1) Editing (purposeful or accidental deletion or addition of 
program material)? 
YesiNo 
(2) Time compressiodtie expansiodlexiconing? 
Yestno 
(3) Panning and Scanning? 
Yes/No 
(4) Colorization, if the motion picture was originally made in 
black and white? 
Yes/No 
(5) If the artistic author of the motion picture listed above is 
deceased or incapacitated, are you the heir of the artistic 
author? 
YedNo 
Section 5. Penalties. Any person who shall violate the provisions of this Act 
shall be subject to a fine of not less than Five Thousand Pesos (P5,OOO.OO) but not more 
than Twenty Thousand Pesos (l?20,000.00), or imprisonment of not less than three (3) 
months but not more than six (6) years, or both, at the discretion of the court. 
Section 6. Separability Clause. If any provision or part hereof, is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
Section 7. Repealing Clause. Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with the provision of this Act is hereby repealed, modified, or amended 
accordingly. 
Section 8. Effectivity Clause. This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
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