OF THE PHILIPPINES 
1 
Second Regular Session 
S E N A T E  
,
I
 
3300 -* 
- 
Senate Bill No. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article XIV Section 13 of the 1987 Philippine Constitution provides among others, that 
the State shall protect and secnre the exclusive rights of individuals and entities to their 
intellectual property and creations. 
Moreover, Republic Act No. 8293 otherwise known as the "Intellectual Property Code of 
the Philippines" enunciates that an effective intellectual and industrial property system is vital to 
the development of domestic and creative activity, facilitates transfer of technology, attracts 
foreign investments, and ensures market access for our products. 
The advent of technological advances has made our crusade against the perennial 
problems on piracy and its evolving forms, even more difficult. There is a pressing need to 
effusively safeguard intellectual properties and creations for the nation to reap its potential 
promise of economic, socio-political and cultural benefits amidst the proliferation of incidents 
relating to the unauthorized use, possession and / or control of cinematographic films, other 
audiovisual works and/or their soundtrack in public exhibition / theatrical facilities which may 
lead to the downfall of the film industry. 
This legislative measure aims to prohibit and penalize the unauthorized use, possession 
and/or control of audiovisual recording devices for the unauthorized recording of 
cinematographic films, other audiovisual works andor their soundtracks in exhibition facilities 
in order to regulate, if not totally curb, such unauthorized acts which are contrary to public 
interests and sabotages economic advancement. 
Hence, immediate passage of this bill is earnestly sought. 
I T 0  ESTRADA 
Senator 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
9 
JUN -2 p5 :07 
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S E N A T E  
Senate Bill No. 3300 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT TO PROHIBIT AND PENALIZE THE UNAUTHORIZED 
USE, 
POSSESSION AND/OR 
CONTROL OF AUDIOVISUAL 
RECORDING DEVICES FOR THE UNAUTHORIZED RECORDING 
OF CINEMATOGRAPHIC FILMS AND OTHER AUDIOVISUAL 
WORKS AND/OR THEIR SOUNDTRACKS IN AN EXHIBITION 
FACILITY, 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 “Anti- 
Camcording Act of 2009”. 
SEC. 2. Definition of Terms. - For purposes of this Act: 
(a) “Audiovisual work” means a work that consists of a series of 
related images which are intrinsically intended to be shown by the use of 
machines or devices such as projectors, viewers or electronic equipment, 
together with accompanying sounds, if any, regardless of the nature of the 
material objects, such as films or tapes, in which the works are embodied. 
(b) “Audiovisual recording device” means a digital or analog 
photographic or video camera, or any other technology or device capable of 
enabling the recording or transmission of a cinematographic film or other 
audiovisual work, or any part thereof, regardless of whether audiovisual 
recording is the sole or primary purpose of the device. 


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(c) “Authorized 
person” means the police andor any other 
person duly authorized by the relevant authority to exercise powers conferred 
upon by this Act. 
(d) 
“Cinematographic film” means any audiovisual work consisting of 
a series of related images which, when shown in succession, impart an 
impression of motion, together with accompanying sounds, if any. 
(e) 
“Copy” means any article or thing in which the visual images or 
sounds comprised in any cinematographic film or audiovisual work are 
embodied, and includes the making of a copy which is in electronic format, or 
transient or incidental to some other use thereof. 
(0 “Copyright owner” means any one who has the exclusive rights 
comprised in a copyright as provided under Republic Act No. 8293, otherwise 
known as the Intellectual Property Code of the Philippines, and related 
international treaties, conventions or agreement to which the Republic of the 
Philippines is a party. 
(g) “Exclusive licensee” means a licensee who is authorized in writing 
and who, on behalf of the owner or prospective owner of copyright, to the 
exclusion of all other persons, is authorized to do an act within the Philippines 
that, by virtue of this Act, the owner of the copyright would, but for the license, 
have the exclusive right to do or to perform. 
(h) “Exhibition facility” means any cinema, film theater, screening 
room or other venue that is used for the public exhibition of a cinematographic 
film or audiovisual work, whether or not a fee is chargeable. 
(i) 
“Operator of an exhibition facility” means any person or entity 
who holds or is required to hold a license by the Securities and Exchange 
Commission (“SEC”, for companies and partnerships), the Department of 
Trade and Industry (“DTI”, for sole proprietorships), the Movie and Television 
Review and Classification Board (MTRCB) or any and all other relevant 
government offices that have, or will have, jurisdiction over exhibition 
facilities to operate the exhibition facility. 


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(j) “Relevant 
authority” means 
the 
officers, 
members, 
responsible personnel of law enforcement agencies such as the Philippine 
National Police (PNP) and their adjuncts, the National Bureau of Investigation 
(NBI), agents of the Optical Media Board ( O m )  and the Om-deputized 
agents. 
(k) “Transmit” means to convey by any means, whether over a path or 
a combination of paths, provided by a material substance or by wireless means 
or otherwise, and whether or not in response to a request made. 
SEC. 3. Acts Constituting Unauthorized Possession, Use and/or 
Control of Audiovisual Recording Devices. - It shall be unlawful for any 
person who, at a time when copyright subsists in a cinematographic film or 
other audiovisual work or its soundtrack, without the authorization of the 
copyright owner or exclusive licensee thereof: 
(a) uses or attempts to use an audiovisual recording device to transmit 
or make a copy of any performance in an exhibition facility of such 
cinematographic film or other audiovisual work or its soundtrack, or any part 
thereof; or 
(b) has in hidher possession, an audiovisual recording device in an 
exhibition facility, with the intent of using or attempting to use the audiovisual 
recording device to transmit or make a copy of any performance in the 
exhibition facility of such cinematographic film or other audiovisual work or 
its soundtrack, or any part thereof. 
SEC. 4. Acts Constituting the Unauthorized Use, Possession andlor 
Control of Audiovisual Recording Devices for the Purpose of Sale, Rental or 
Other Commercial Distribution of a Copy of a Cinematographic or 
Audiovisual Work or its Soundtrack or Any Part ThereoJ - It shall be 
unlawful for any person who, at the time when copyright subsists in a 
cinematographic film or other audiovisual work or its soundtrack, without the 
authorization of the copyright owner or exclusive licensee thereof, for the 


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pwpose of sale, rental or other commercial distribution of a copy of 
the cinematographic or audiovisual work or its soundtrack, or any part thereof: 
(a) uses or attempts to use an audiovisual recording device to transmit 
or make a copy of any performance, in full or in part, in an exhibition facility 
of such cinematographic film or other audiovisual work or its soundtrack, or 
any part thereof; 
(b) 
has in hislher possession or control, an audiovisual recording 
device in an exhibition facility, with the intent of using or 
attempting to use the audiovisual recording device to 
transmit or make a copy of any performance in the exhibition 
facility of such cinematographic film or other audiovisual 
work or its soundtrack, or any part thereof; or 
aids, abets or connives in the commission of the acts 
prohibited under this section. 
(c) 
SEC. 5. Penalties. - A person who will be guilty of violating the 
provisions of Sections 3 and 4 shall be subject to a fine of Fifty thousand pesos 
(P50,OOO.OO) but not to exceed Five hundred thousand pesos (p500,000.00) 
and imprisonment of six (6) months and one (1) day to six (6) years and one 
(1) day. 
If the offender is an alien, said person shall immediately be deported 
after payment of the fine and after serving hisher sentence. He/She shall 
thereafter be refused entry into the Philippines. 
If the offender is a government official or employee, the penalty shall 
include perpetual disqualification from public office and forfeiture of his right 
to vote and participate in any public election for a period of five (5) years. 
SEC. 6. Presumptions as to the Subsistence of Copyright andor 
Ownership of Copyright. - For purposes of Section 3, copyright shall be 
presumed to subsist in the subject cinematographic film or other audiovisual 
work or its soundtrack if the accused does not put in issue the question as to 
whether copyright subsists therein. However: 


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(a) where the accused puts such question in issue but does not 
satisfy the court that he/she does so in good faith, the presumption as to the 
subsistence of copyright herein shall apply, notwithstanding that the accused 
puts that question in issue; 
(b) 
where the name of a person appears on copies of the subject 
cinematographic film or other audiovisual work or its 
soundtrack as made available to the public in such a way as 
to imply that the person was the maker thereof and, in the 
case of a person other than a body corporate, that name was 
hidher true name or a name by which he/she was commonly 
known, that person shall be presumed to be the maker 
thereof and the copyright owner thereof, unless the contrary 
is established; and/or 
(c) where the accused puts in issue the question of whether copyright 
subsists in the subject cinematographic film or other audiovisual work or its 
soundtrack, or the ownership of the copyright therein, an affidavit made in 
behalf of the copyright owner in which he/she makes assertions of facts 
relevant to showing that: (1) copyright subsists in the work or other subject 
matter; and/or, as the case may be, (2) he is the owner of the copyright, shall 
be admitted in evidence and shall be prima facie proof of the matters stated 
therein until the contrary is proved, unless the court requires that 
oral/testimonial evidence be adduced to prove those matters. 
SEC. 7. No Defense on Account of Use for Private or Domestic 
Purposes. - It shall not be a defense that the transmission or making of the 
copy of the cinematographic film or other audiovisual work or its soundtrack, 
or any part thereof, was for private or domestic purposes or in connection with 
a fair use deal. 
SEC. 8. Requirement for Posting of Notices in an Exhibition Facility 
on the Prohibition Against the Bringing Into Said Exhibition Facility of 
Audiovisual Recording Devices and the Like. - All exhibition facilities, 


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cinemas or theaters shall be required to conspicuously post in at least two 
(2) areas in the exhibition facility including, but not limited to, the areas where 
tickets are sold and the entrances of the exhibition facilities, notices or 
signages warning against the bringing of audiovisual recording devices into the 
cinematographic film/audiovisual screenindexhibition area, with a reservation 
that the managementloperator of the exhibition facility will take into 
preventive and temporary custody such audiovisual recording device/s until the 
film/movie theater patron leaves the screeningkxhibition aredfacility. 
Failure of the managementloperator of the exhibition facility to comply 
with the foregoing requirement will subject said managementloperator liable to 
pay a fine of Fifty thousand pesos (P50,OOO.OO). 
SEC. 9. Powers of Authorized Persons to Enter an Exhibition Facility 
and Search the Same. - An authorized person, without a warrant and without 
payment of any admission fee or other charge, may enter and search any 
exhibition facility if the authorized person has reasonable ground to believe 
that any violation of this Act has been or is being committed and, due to the 
delay necessary to obtain a warrant could result in the loss or destruction of 
evidence, or for any other reason it would not be reasonably practicable to 
obtain a warrant. 
SEC. 10. Other Powers of Authorized Persons. - An authorized person 
who has reasonable ground to believe that a violation under this Act has been 
or is being committed may: 
(a) 
search any person if the person subject of the search has in hisher 
actual possession, any audiovisual recording device, in respect of which an 
offense under this Act has been or is being committed; 
(b) seize, remove or detain any audiovisual recording device or other 
object which appears to contain, or likely to contain, evidence of an offense 
committed under this Act; 


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(c) use reasonable force to remove 
any 
person 
or 
object 
obstructing the authorized person in the exercise of any power conferred upon 
hindher by this Act; 
(d) detain any person found in any place which the authorized person 
is empowered to enter and search if, after inquiry made, said authorized person 
has reasonable ground to believe that the person subject of the search is 
connected with the subject matter of the search, and it is considered necessary 
to detain the person subject of the search to be able to adequately perform the 
search; and 
(e) require the operator of an exhibition facility or any other person 
who appears to be at the time responsible for the control or management of the 
exhibition facility, to give information or render assistance that may be 
necessary to enable the authorized person to carry out the functions under this 
Act. 
SEC. 11. 
Forfeiture and Disposal of Unauthorized Copy of 
Cinematographic Film or Other Audiovisual WorkLAudiovisual Recording 
Devices Used in the Commission of the Acts Penalized under this Act. - The 
court before which a person charged with an offense in violatiodcontravention 
of this Act, whether or not said person charged is convicted of the offense, may 
order that any copy of a cinematographic film or other audiovisual work in 
which copyright subsists, or parts thereof which appears to the court to be an 
unauthorized copy, and any audiovisual recording device or other equipment in 
the possession of the alleged offender or the court, be destroyed or delivered to 
the owner or the exclusive licensee of the copyright owner concerned, or 
otherwise dealt with in such a manner as the court deems fit. 
In the event that the court retains representative samples of the 
unauthorized copy of a cinematographic film or other audiovisual work, or 
audiovisual recording devices or other equipment for evidentiary purposes in 
the prosecution of the offense for which an accused is charged, the retained 


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samples shall remain in custodia legis until the final resolution of the court 
proceedings thereon. 
SEC. 12. Enforcement. - The OMB, in coordination with the PNP, 
operators of the cinemas, theaters or exhibition facilities, and owners of the 
cinematographic films or audiovisual works and other soundtracks, shall 
enforce the provisions of this Act. The OMB may deputize, for a defined 
period, the heads or personnel of such agencies and instrumentalities of 
government or private sector representatives or stakeholders of rights over 
cinematographic films/audiovisual works and their soundtracks, to perform the 
enforcement hctions required under this Act. 
SEC. 13. Separability Clause. - If any provision of this Act is 
declared invalid, the other parts or provisions, hereof not affected thereby shall 
remain and continue to be in fill force and effect. 
SEC. 14. Repealing Clause. - All laws, decrees, ordinances or rules 
and regulations which are inconsistent with or contrary to the provisions of this 
Act are hereby amended or repealed. 
SEC. 15. Efectivity. - This Act shall take effect fifteen (15) days after 
its complete publication in at least two (2) newspapers of national circulation. 
Approved, 
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