FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
I 
Introduced by Senate President Manny Villar 
EXPLANATORY NOTE 
'The movie industry provides employment to people and a major source of 
revenue for the government. It likewise brings enjoyment, entertainment and 
information to millions of 
Filipinos. However, with the advent of modern 
technology, piracy has plagued the industry. Film piracy, in fact, has taken new 
forms such as flicker piracy and film napping. In flicker piracy, simple and 
sophisticated gadgets are used as tools in the illegal recording of films and other 
audiovisual works inside movie houses. Film napping, on the other hand refers to 
the stealing of legitimate film prints while they are transported in the provinces. 
These result to the immediate unauthorized copying and transmitting of films arid 
audiovisual shows. Thus, proliferation of piracy is causing enormous loss 
of 
revenues to film makers, investors, the government as well as employment 
opportunities for the people. 
Despite concerted efforts to eradicate flicker piracy and film napping by 
concerned government agencies such as the Motion Picture Anti-Piracy Council 
(MPAPC) and the Optical Media Board (OMB), the creation, distribution, sale of 
illegally recorded movies and stealing legitimate film prints still persist. 
To further secure the intellectual property rights of the owner by addressing 
the problem of flicker piracy 
a legislative measure must be 
enacted 
which unequivocally prohibits and penalizes such acts. 
and film napping, 
The proposed measure imposes penalties and 
fines for first, second, and 
third or subsequent offenses. Likewise, accomplices shall suffer the same penalty 
and fine. Upon conviction, the court shall cause the forfeiture and destruction of the 
gadgets used in the commission of the offense. To guarantee strict implementation 
of this Act in all localities, local government units are enjoined to actively participate 
in the campaign against such copyright violations and monitor the enforcement of 
this Act. 
In view of the foregoing, early passage of this bill is earnes ly requested. 
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Introduced by Senate President Manny Villar 
AN ACT 
TO STRENGTHEN THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 
DEFINING FOR THE PURPOSE FILM PIRACY AND FILM NAPPING, 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-Flicker 
Piracy Act of 2008". 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State 
to 
secure and protect the exclusive rights of individuals to their intellectual 
property and creations. 
Toward this end, there is a need to enact a legislative 
measure that shall define prohibited acts which are inimical to the protection of 
these rights such as flicker piracy and film napping. 
SEC. 3. Definition of Terms. - As used in this Act, the following terms 
shall mean: 
1, 
Audiovisual Recording Device - a digital or analog photographic or video 
camera, or any other technology or device capable of enabling the 
recording or transmission of a copyrighted motion picture or other 
audiovisual work, or any part thereof, regardless of whether audiovisual 
recording is the sole or primary purpose of the device; 
Copyright Owner - one who has the exclusive rights comprised in 
copyright as provided under R.A. 8293 otherwise known as Intellectual 
Property Code and pertinent treaties and international agreements; and 
2. 
a 
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3. 
Motion Picture Exhibition Facility - a movie theater, screening room, or 
other venue that is being used primarily for the exhibition of a 
copyrighted motion picture, if such exhibition is open to the public or is 
made to an assembled group of viewers outside of a normal circle of a 
family and its social acquaintances, 
SEC. 4. 
Flicker Piracy. - The following acts shall constitute flicker piracy 
and are hereby declared unlawful: 
a. 
Using without the authorization of the copyright owner, an audiovisual 
recording device to make or transmit a copy of a motion picture or other 
audiovisual work, protected under the Intellectual Property Code, or 
any part thereof, from a performance of such work in a movie house or 
any motion picture exhibition facility; 
Attempting to use, without the authorization of the copyright owner, 
an audiovisual recording device to make or transmit a copy of a motion 
picture or other audiovisual work, 
protected under the Intellectual 
Property Code, or any part thereof, from a performance of such work in 
a movie house or any motion picture exhibition facility. 
b. 
SEC. 5. Film Napping. .- It shall be unlawful for any person to take, 
any legitimate 
with the intent to make a copy or reproduce the same while they are 
without the authorization of the copyright owner under R.A. 8293, 
film print 
transported to and from a motion picture exhibition facility. 
SEC. 
6. Penalties. - Any person committing any of the unlawful acts 
provided under Section 4 and 5 hereof shall suffer the following penalties: 
a) 
Imprisonment of one (I) year to three (3) years plus a fine ranging from 
Fifty thousand pesos (P50,OOO) to One hundred fifty thousand pesos 
(P150,OOO) for the first offense; 
Imprisonment of three (3) years and one (1) day to six (6) years plus a 
fine ranging from One hundred fifty thousand pesos (P150,OOO) to Five 
hundred thousand pesos (P500,OOO) for the second offense; 
(b) 


(c) 
Imprisonment of six (6) years and one (1) day to nine (9) years plus a 
fine ranging from Five hundred thousand pesos (P500,OOO) to One 
million five hundred thousand pesos (P1,500,000) for the third and 
subsequent offenses. 
In all cases, subsidiary imprisonment in cases of insolvency 
(d) 
Any person who willfully or knowingly aid, permit, or cause to be done any of 
the above-mentioned acts as defined in this Act, shall likewise suffer the same 
penalties. 
In addition to any of the above-mentioned penalties, the court shall, upon 
conviction, order the forfeiture and destruction or other means of disposing of all 
unauthorized copies of motion pictures or other audiovisual works protected under 
the Intellectual Property Code or parts thereof, and any audiovisual recording 
devices or other equipment used in connection with the offense. 
Possession by a person of an audiovisual recording device in a motion picture 
exhibition facility may be considered as evidence in any proceeding to determine 
whether that person committed an offense penalized under this Act, but shall not, 
by itself, be sufficient to support a conviction of that person for such offense. 
SEC. 7. Involvement of Local Government Units (LGUs) in the Campaign 
Against Flicker Piracy. - All Local Government Units (LGUs) in the country shall 
actively participate in the campaign against flicker piracy and film napping, and 
monitor its strict implementation. 
SEC. 8. Implementing Rules and Regulations. The Department of Justice 
(DOJ), in coordination with the Department of Interior and Local Government 
(DILG), the Optical Media Board (OMB), the 
Movie Picture Anti-Piracy Council 
(MPAPC) and the National Cinema Association of the Philippines, shall formulate 
and issue such rules and regulations necessary for the effective implementation of 
the provisions of this Act. 
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SEC. 9. Separability Clause. - If any part, section or provision of this Act 
shall be held invalid or 
unconstitutional, no other part, section or provisions 
thereof shall be affected thereby. 
SEC. 10. 
Repealing Clause. - All laws, rules and regulations or parts 
thereof, inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SEC. 11. 
Effectivity. - This Act shall take effect after fifteen (15) days 
(2) newspapers of general 
following its ccmplete publication in at least two 
circulation. 
Approved, 
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