THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHLPPDTES 
1 
First Regular Session 
1 
S E N A T  
S. B. NO. 
Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
Republic Act No. 8293, also lmown as the "Intellectual Property Code of the 
Philippines," Part lV on the Law on Copyright, Chapter 10, Section 193, provides: 
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"Scope of Moral Rights. The author of a work shall, independently of the 
economic rights in Section 177 or the grant of an assignment or license with 
respect to such right, have the right: 
x x x x  
199.3. To object to any distortion, mutilation, or other modification of, or 
other derogatory action in relation to, his work which would be prejudicial to his 
honor or reputation; and 
199.4. To restrain the use of his name with respect to any work not of is 
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creation or in a distorted version of his work." 
The integrity of a motion picture is comprised and diminished when the motion picture is 
sold, leased or exhibited in a materially altered form As a result, the reputation of the artistic 
author of a motion picture may be harmed when the original work is sold, leased, or exhibited in 
a materially altered form. 
This bill requires that 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 its film packaging), shall iuclude a label which clearly and conspicuously discloses 
certain information. The disclosure procedure would guarantee the rights of the author under the 
cited provision of R.A. No. 8293, and also protects the public from being misled, 


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1 
-2 .7 {T3 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PB.LLPPWES 
1 
'c:b f(Ji 
-i" 
i 
J .L., 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO REQUIRE CERTAIN DISCLOSURES RELATING TO MATERIALLY ALTERED 
FILMS 
Be it enacted by the Senate and the House of Repr.eseiztatives of the Philippines iiz 
Congress nssembled: 
SECTION 1. Shovt Title. - This Act shall be known as the "Film Disclosure Act." 
SECTION 2. Declaration 
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of Policy. - It is the policy of the state to protect and secure 
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the rights of scientists, inventors, artists, and other giRed citizens to their intellectual property 
and creations, 
SECTION 3. Definition of Terms. -As used in this Act, the terms: 
(I) "Film" or "Motion Picture" means a theatrical motion picture after its 
publication; 
(2) "Artistic Author" means 
(A) the principal director, principal screenwrit.er, and, to the extent a 
theatrical motion picture is colorized or its photographic images materially 
altered, the principal cinematographer of the film; or 
(B)in the event that an individual listed in clause (A) is deceased or 
incapacitated, the heir 01' heirs of that individual; 
(3) "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; 
(4) "Distributor" means any person, vendor, or syndicator who engages in the 
wholesale distribution of motion pictures to any exhibitor, network, retail provider, or other 


person who publicly perfomis motion pictures by means of any technology, excep such term 
shall not include laboratories or other providers of technical services to the motion pi ture, video 
or television industly; 
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(5) "Heir" means any person to whom a right passes by bequest or by the 
applicable laws of succession; 
(6) "Lexiconing" means to alter the sound track to conform the speed of the vocal 
or musical portion of a theatrical motion picture which has been the subject of time compression 
distribution (subtitling and editing limited to those alterations made under foreign 
which are no more stringent than existing s tandards) or 1 egitimate film preservation 
(the primary purpose of which is the restoration of the motionpicture to its original 
standards 
activities 
version); 


exhibition of the work following previews, trial runs and festivals; 
(13) "Retail Provider" means the proprietor of a retail outlet that sell:;..or 
(15) "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; 
(16) "Motion Picture" nieans a. motion picture of sixty (60) minutes duration or 
greater, intended for exhibition, public performance, public salz, or lease. Such term does not 
include episodic television programs of less than sixty (60) minutes duration (exclusive of 
commercials), motion pictures prepared for private commercial or industrial purposes, and 
advertisements; 
(17) "Time-Compression" and "Time Expansion" mean to alter the speed of a 
theatrical motion picture or a portion thereof with the result of shortening o r  lengthening the 
running time of the work in order to fit the picture into a television schedule, airline schedule, or 
secondary media length; and 
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(18) "Vendor" means the wholesaler or packager of a motion picture which is 
intended for wholesale distribution to retail providers. 
,leases 
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(2) Any distributor or network that proposes to exploit a materially altced 
the manner set forth in the preceding paragraph shall - 
film in 
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(3) Whenever a distributor or network exploits a motion picture which has already 
been materially altered, such distributor or network shall not be required to satisfy the 
obligations set forth in subsection (2) (A), (B), and (C), if - 
(A)such distributor or network does not further materially alter such 
motion pictu.re; aud 
(B) such motion picture was materially altered by another distributor or 
network that complied fully with all o f  the obligations set forth in subsection (2). 
(4) (A) The requirement of a good faith effort under subsection (2)(A) is satisfied 
if a distributor or network that has not previously been notified by each individual in Section 
3(2): 
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(i) requests in writing the name and address of each such 
individual from the appropriate Professional Guild Regism, i dicating a 
response date of no earlier than thirty (30) days following the ate of the 
request, by which the appropriate professional guild must respon ; and 
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(ii) upon receipt of such information from the appropriate 
professional guild within the time specified i n  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. 
(B) The notice to the artistic author shall contain a specific date, no earlier 
than thirty (30) days followiiig the date of such notice, by which the individual so 
notified shall respond in accordance with subparagraph (B)(ii). Failure of the 
artistic author or the appropriate professional guild to respond within the time 
period specified shall relieve the distributor or network o f  all liability under 
subsection (2) (except foor clause (D) of such paragraph); 
(5) The obligations of an exhibitor shall be limited to - 
(A) broadcasting, cablecasting, exhibiting, or distributing all labels 
required uilder.tliis section in their entirety as included with or dishibuted by the 
network or distributor ofthe motion picture; and 
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(B) including or affixing a label as described in paragraphs (E) and (G) on 
a materially altered motion picture as required under paragraph (l)(A) for any 
material alterations performed by the exhibitor to which the individuals described 
in Section 3(2) have objected through the questionnaire procedure described i n  
paragraph (l)(B)(iii). 
(6)(A) The provisions of this paragraph shall apply with respect to motion 
pictures intended for home use through 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. 
(B) The obligations of a retail provider of motion pictures intended for 
-home 
use<&lI be limited to including or distributing all labels required under this 
section in their entirety as affixed or included by a distributor or network. 
(7) There shall be no consideration given in exchange for an artistic author's 
waiver of any objection or waiver of the riglit to object under this subsection. 
(8) (A) Any artistic anthor of a motion picture publicly exhibited or ffered to 
the public through sale or lease within the Philippines who believed he is or is li ely to be 
damaged by a violation of this subsection may obtain appropriate relief with resp et to any 
violation of this paragraph without 1-egard to the nationality or domicile of the artistic author. I 
(B)(i) In any action under subparagraph (A), the court shall have power to 
grant injunctions, according to the principles of equity and upon such terms as the 
court may deem reasoiiable, 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 defeiidant 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 heal-ing, after notice to the defendant ~ 
(a) inay be served on the parties against whom such injunction is 
granted anywhere in the Philippines where they may be found; and 
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(b) shall be 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. 
(ii) 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. 
(iii) 
In any action under subparagraph (A), the court may order that all 
filin packaging of a iiiaterially altered motion picture (including film packages of 
motion pictures intended for home use through e ither retail purchase or rental) 
that is the subject ofthe violation shall be delivered up and destroyed. 
(C) No action shnll be maintained under this subsection unless it is 
-coinmencE& within one (1) year after the claim accrues. 
(9) Any disclosure requirements imposed under a law respecting the material 
alteration of theatrical motion pictures are preempted. 
(10) To facilitate location of a potentially aggrieved party, each individual 
identified in Section 3 (2) may notify the copyright owner of the motion picture or, as 
appropriate, one or more of the organizations maintaining a Professional Guild Regist 
, These 
organizations may maintain a cumnt registry of persons so notifying them and 
ay make 
available such information in their posscssion to facilitate the location of any individual so 
registered for puiposes of paragraph (l)(B). No cause of action shall accrue against any of the 
professional guilds listed in such section for failure to provide information pursuant to paragraph 
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(l)(B)(i). 
(11)(A) A label for a iiiaterially altered version of a theatrical motion picture 
intended for public perforinaim or home use shall consist of a panel card immediately preceding 
and adjacent to the commencement of tlic 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: 


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mins. 
secs. have been cut [oi-, if appropriate, added]. The [insert, if 
"THIS FILM IS NOT THE VERSION ORIGNALLY RELEASED. 
and 
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heirs of the] director, 
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and [insert, if appropriate the h 1. irs of the] 
screenwriter, 
, object because this alteration changes the narrative 
andior 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 iuformatioii 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. 
The director 
It has (also) been electronically speeded up (or slowed dow ). 
objects because this alteration changes the pace of the performances." I 
(B) 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 subparagraph (A) 
S h a l l  cont&i 
stateineiit similar in form and substance to those set forth in 
subparagraph (A) which accurately describes the material alteration and objection 
of the artistic auhnr. 
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(12) A label for a motioii picture which has been materially altered i multiple 
ways, or of which an individual served as more than one (1) artistic author, incl ding the 
principal director and principal scl-eeiiwriicr, need only state the name of the artistic au 'or once, 
in the first objection ofthe artistic author so listed. In addition, a label for a motion picture 
which has been materially altered in muliiiile ways needs only state once, at the beginning of the 
label: THIS FILM IS NOT THE VERSJON ORIGINALLY RELEASED. 
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(13) A label for a film package of a materially altered motion picture shall consist 
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(A) ai1 area of a rcctangle in front of the package which bears, as 
appropriate, oiic (1) or more of the statements listed in paragraph (11) in a 


conspicuous and legible type in contrast by typography, layout, or color with 
other printed matter on the package; and 
(B) an area of a rectangle on the side of the package which bears, as 
appropriate, one (1) or more of the statements listed in paragraph (11) in a 
conspicuous and legible type in contrast by typography, layout, or olor with 
other printed matter on the package. 
(14) The questionnaire required under paragraph (1)(B)(iii) shall consist of the I 
Yes I No 
(5) If the artistic author of the motion picture listed above is deceased 
incapacitated, are you the heir of the artistic author? 
following statement and related questions: 
or 
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"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)? 
Yes/ No 
(2) Time compressiodtime expansiodlexiconing? 
Yes I No 
(3) Panning and scanning? 
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Yes I No 


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 (P 5,000.00) but not more than Twenty 
Thousand Pesos (P 20,000.00), 
or imprisonment of not less than three (3) months but not more 
than six (6) years, or both, at the discretion ofthe court. 
SECTION 6. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
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SECTION 7. Repealing Clauk. - 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) 
publication in at least two (2) newspapers of general circulation. 
Approved. 
12109