Photocopying books hurts Pinoy authors and writers

(Updated May 10, 1:49 p.m.) - The "systemic" and "massive" culture of unlicensed photocopying of books in colleges and universities is hurting the country's authors and writers, the Filipinas Copyright Licensing Society, Inc. (FILCOLS) said.

 

According to Beverly Siy, executive officer for membership of FILCOLS, using and photocopying published, copyrighted works without giving proper compensation to their authors is unfair, and this could spell the difference between hardship and comfort for many of the country’s writers.

In an interview, Siy related the plight of Corazon Kabigting, heir to Genova Edroza Matute, one of the country’s preeminent Tagalog writers and educators.

 

Matute's "Kwento ni Mabuti" won the first Palanca award for Tagalog short story in 1951, and is considered canon in the teaching of Filipino in secondary schools all over the country. Kabigting, as Matute's heir, is supposed to receive royalties every time Matute’s works are used.

 

But according to Siy, Kabigting does not receive any compensation every time her aunt’s works are photocopied. Kabigting does receive compensation from publishers when Matute’s works are used in publications, but not when they are photocopied and reproduced for class use. When Matute’s works are used in classrooms, the students only pay for the reproduction cost and not for the use of the copyrighted material.

 

"Hindi laging maaliwalas ang buhay para sa kanila," says Siy about the plight of the country's writers, adding that many of them have to work odd jobs just to be able to support their families.

 

Fair use

 

Siy, a published writer herself, bewails the lack of support from the country’s academic community.

 

As the country’s national reproduction rights organization or RRO, FILCOLS can enter into licensing agreements with academic institutions and monitor the photocopying of copyrighted materials in their partner institutions.

 

The formation of FILCOLS was spearheaded by the National Book Development Board in 2008, pursuant to the National Book Policy which provides that “mechanisms shall be formulated to ensure that the intellectual properties of authors and publishers are adequately protected through collective reprography licensing and other schemes.”

 

FILCOLS, which conforms to international intellectual property treaties, should collect payment for the authors when their works are being photocopied in institutions such as universities. 

 

An author in the copyright world, according to Siy, is a “creator”, who is basically anyone involved in the creation of a published material, and refers not just to writers per se, but to photographers, artists, editors, and illustrators. Publishers are most of the time not creators, but they may be copyright holders.

 

No Philippine university has entered into a licensing agreement with FILCOLS so far, said Siy.

 

Most Philippine universities, according to Siy, cite the concept of fair use as an excuse for the non-payment of copyright licensing.

 

Siy notes, however, that there are still no implementing rules establishing the concept of fair use in the country. An IRR has actually been drafted by the NBDB but, according to Siy, critics are opposing its passage because it supposedly did not undergo exhaustive consultation from stakeholders.

 

1. Nature of the material: What is the nature of the copyrighted work? Was it originally intended for commercial use?
2. Use of the material: How is the copyrighted material actually used?
3. Amount and sustainability of the portion used in relation to the copyrighted work
4. Market effects: Does the manner of the use of the copyrighted material affect the market behavior towards the authors’ work? (e.g., Could an author still derive profit from the material if it’s made freely accessible?)

 

Singapore pays

 

Despite the setbacks, FILCOLS has made inroads in protecting the rights of its member authors.

 

Most notable was the payment recently made by the Copyright Licensing and Administration Society of Singapore (CLASS) of some P200,000 to FILCOLS for the use of works by Filipino authors.

 

FILCOLS executive director Alvin Buenaventura said in a statement that the renumeration was a “stamp of approval” and that FILCOLS is on the “right track.” The payment was part of a bilateral agreement signed by the two RROs last year.

 

Siy says that Singapore’s case is “enviable,” since all schools in the wealthy city-state are mandated by law to coordinate with CLASS.

 

CLASS and FILCOLS are members of the International Federation of Rights Reproduction Organizations or IFRRO.

 

‘Like selling insurance’

 

Now FILCOLS is supporting calls for the creation of a Bureau of Copyright, which, according to Siy, could further enhance FILCOLS’ role.

 

The current Intellectual Property Law provides merely for copyright support services, and not for a copyright office.

 

Siy relates that FILCOLS is also stepping up its drive to expand their membership.

 

But Siy admits that peddling the concept of collective management among the country’s authors is like “selling insurance.”

 

“Mahirap,” she says of the recruitment process, noting that most authors are not used to the idea of a collective management agency.

 

Siy, however, is optimistic. FILCOLS is now offering lectures on copyright to interested schools and companies. They have recently conducted such a talk at the La Sallian Schools Press Conference last May 4.

 

FILCOLS currently has 556 members, among them some of the country’s most esteemed writers like National Artist Bienvenido Lumbera, Lualhati Bautisa, Ricky Lee, Geminio Abad (a member of the FILCOLS Board of Trustees), Amadis Ma. Guerrero, Cristina Pantoja Hidalgo, Jose Wendell Capili, Eros Atalia, and National Artist Virgilio Almario, who is also its founding chair. –KG, GMA News