I’m glad I’m no longer a member of the National Press Club.
I used to be a member of NPC in the late 80’s when the likes of Tony Nieva were trying to assert their leadership in the club. But eventually they were eased one by the more entrepreneurial kind of journalists.
I got out of the NPC even before the Rolito Go scandal in 1991. One of its directors, Bobby Capco, then of the Philippine Star, was exposed to have served as public relations guy of the convicted criminal. (Go shot to death La Salle student Eldon Maguan over a traffic incident). In a press conference by the lawyers of Go at the NPC, a reporter revealed that Capco handed her money to “kill” a story not favorable to Go.
Capco went on to become Gloria Arroyo’s press undersecretary. I don’t know where he is now but I can imagine still at the service of the number one Cheat in the country.
The latest controversy on the bastardization by the NPC of the freedom mural done by the Neo-Angono Artists Collective is just an indication the kind of journalists that compose the NPC.
Last July , the NPC commissioned the Neo-Angono Artists Collective for P900,000 to do a mural on the history of press freedom in the Philippines.
The concept, as explained by the artists in their website (http://neo-angono.com), tells about the pressures that journalists had to deal with. Logically, it featured assaults to press freedom being experienced by journalists today. “It becomes axiomatic that an attack on journalists – through laws contrary to the exercise of press freedom, libel suits, or shooting them with bullets just to threaten and silence them – is also an attack on the people’s right to free access to information and freedom of expression.
“This is also the message of the mural: to keep the flame of press freedom burning everyday and forever despite the threats and hazards surrounding this advocacy called journalism,” the artists said showing their admirable sensitivity to situation on the ground.
Gloria Arroyo was to inaugurate the mural and the Presidential Security Group inspected it. Alterations were made without the permission of the artists . NPC President Roy Mabasa denies kowtowing to Malacañang.But his reasons merely show his distorted sense of journalism. “We don’t want a mural that has an inverted Philippine flag on it and various signs and ideologies of the left splattered all over the painting. We don’t need a propaganda mural inside the halls of NPC because the club is merely an organization of lowly newsmen and not a political group.”
One of the regular participants in my blog that goes by the name Tongue-Twisted suggests to let the mural, with all the alterations, intact.
He said, “ Let the obra, commissioned to depict the history of Philippine Press, stay as it is – a living monument to the unabated abuse of our society in one of the country’s darkest days.
“What better evidence would have been available to depict the same wanton disregard, not only for civil rights in general but towards press freedom in particular, as this despicable act of ‘defacing history’ right in its own walls?
“Succeeding generations will see for themselves the blatant perversion of the Fourth Estate from the Guardians of the Truth to its decadence as mercenaries and prostitutes of liars, thieves, cheats, and murderers.
“This portrait does paint a thousand words.”
I agree.
Being a advocate of Philippine art, I was appalled at this absurd action by the NPC on the mural “done by the Neo-Angono Artists Collective” ! What the NPC did was rape the mural to satisify a Mama-San Gloria !
Gloria & her minions has not spared anything on its way ! Pati banaman ang isang mural she will rape ? When will this madness come to an end ???? Nakakasuka na talaga siya !
It’s time for action !
NPC exec threatens to declare artists ‘persona non grata’
Here’s the link to the story:
http://newsinfo.inquirer.net/breakingnews/nation/view_article.php?article_id=99276
What got my goat was when this (obviously a low-life breed) NPC Director Joel Sy Egco “..said he would move to declare the Neo-Angono Artists Collective as persona non grata and cannot set foot on the “hallowed grounds of the NPC.””
What “hallowed ground” is this Egg Head talking about ? By turning the tables around the Neo-Angono Artists Collective, that NPC sounds more like a Satanic ground to me !
The NPC has been unmasked. It now is a member of the Dark Side of the Force.
Re: Gloria Arroyo was to inaugurate the mural and the Presidential Security Group inspected it. Alterations were made without the permission of the artists .
Who does Gloria think she is? A Midget HItler!
Re: NPC President Roy Mabasa denies kowtowing to Malacañang.But his reasons merely show his distorted sense of journalism. “We don’t want a mural that has an inverted…”
If NPC President Roy Mabasa didn’t want the painting as such, he should return it and if he couldn’t return it, cancel it commission another painting with exactly what they want on the murals — it’s absolutely uncalled for for these shylocks to make alterations without asking and obtaining the permission of the artists. This jerk is thoroughly uncivilized!
Incredible!
Links:
Click here.
Edith Burgos chides NPC
The National Union of Journalists of the Philippines (NUJP) said it was appalled by the defacement of the press freedom mural.
Ingrates, NCP calls Neo-Angono artists.
Mural Rights by Atty. Trixie Angeles:
The Intellectual Property Rights Law defines two artists’ rights: the economic, which is their right to earn or obtain financial benefit from their original creative work; and the moral, which is the right to the integrity of the creative work.
This means that the art work, even if sold to another party, cannot be altered, defaced or destroyed without the express permission of its creator. Moral rights also include the right to be credited for one’s own work, and its converse, the right not to be credited with work that is not of the artists’ making. These rights hold true even for commissioned works.
For the rest of the article, click here.
Renowned artist Mauro Santos — popularly known as “Malang” — Monday said the alterations to the National Press Club’s press freedom mural were not justified.
He considered the work of art “ruined.”
“What was done to the original artwork was very wrong. Artists are very sensitive when their work get altered,” Malang told the Philippine Daily Inquirer, parent company of INQUIRER.net.
Click here for the rest of the story.
I would suggest that the Neo-Angono artists would reproduce the ‘original’ painting in poster form so that people will know the desecration made by the NPC group, desecrated by those who are supposed to uphold and fight for press freedom! Naging obviuos tuloy na these NPC people are also ‘MGA BAYARAN’! For them press freedom has a PRICE!
At bakit nila papalitan yung ilang bagay sa ‘original’ painting? Bakit, ‘nasapul’ ba yung mga kasalanan ng administrasyon ni Gloria? Pinabura at pinapalitan dahil…GUILTY!!!!!!
We have here an arson artist and an arrogant puny dictator.
Hell no! Pati mural painting may dagdag-bawas na. Malakas ang influence nila Virgilio Garcillano at Lintang Bedol.
Press freedom mural
“Can do anything with it, even burn it.”
National Press Club President Roy Mabasa
Just passing by. I can’t resist not posting on this because NPC’s president, Roy Mabasa, is a friend.
I have actually expressed my strong criticism of their inviting the crook to inaugurate the said mural, and told him my opinion without mincing my words that he said hurt, but I guess NPC just could resist the temptation of getting the Kulimbat’s patronage because it is in fact bankrupt! I am not even willing in fact to accept Roy’s reasoning with a grain of a salt.
Wow! I can’t really imagine an organization going bankrupt as a matter of fact if it has a really good set of directors as the Nippon Press Club or the Foreign Correspondents’ Club in Japan have. Gago kasi ang marami sa Pilipinas! Manggagaya rin lang, puro gago pa ang ginagaya.
Over here, Ellen, the cheapest annual membership fee to a press club is in fact about a thousand dollars, and with it, you get enough benefits, and to be a member it means a free sharing of information so that all the newspapers can have a uniformity of news and it is up to the readers to choose which newspapers to read.
I have been to the Philippines’ NPC. Walang sinabi! Now, if they are willing to have a criminal grace their functions, it is because a lot of them going there are mostly mandarambongs and kulimbats, too, I guess.
I saw some politicians hanging there in fact when I visited the place on invitation of a friend when I was working as a special correspondent for a news agency there. Never saw such figures in our own press clubs here, and no reporter is allowed to go near them except on assignment for an interview, etc. That is why I have actually never heard of the common practice there of reporters writing for their favorite politicians in exchange for keeping them in style.
Ad nauseaum, so they say.
BTW, to all concerned Filipinos, please set your calendar this weekend from Nov. 9th to stage the Oust GMA movement. It’s the people’s only hope!!!
Ellen, ingat!
…but I guess NPC just could NOTresist the temptation of getting the Kulimbat’s patronage because it is in fact bankrupt! I am not even willing in fact to accept Roy’s reasoning with a grain of a salt.
“Can do anything with it, even burn it.”
National Press Club President Roy Mabasa
**********************
There is a difference between the physical thing (the mural) and the expression, which finds flesh in the mural. Yes, the owner can burn, and he should, if he does not want it. But to alter it and show it, is to alter the expression of the artist without his permission.
I am thinking of a parallel experience in the case of Steven Spielberg’s “Schindler’s List”. Ipapalabas sana sa Pinas, pero pinutol ang eksenang may mga hubad na preso. As usual, the moral vanguards said malaswa daw (their dirty minds maybe, not the movie scene).
Spielberg said, show it as is, or don’t show it at all. Of course, bumigay ang Noy-pi censors.
So Mr. Mabasa, either you show the mural as it was painted, or don’t show it at all. The excuse about excising leftist expressions is not only lame, it is quadriplegic.
Susmaryosep! The Neo-AC want to be paid for their propaganda too? Now they cry censorship? Let them paint it the way they want and see if anybody cares. Let them print millions of poster copies if they can or want to. Press Freedom is alive and well in the Philippines. It’s only the victimological philosophers trying to say different. The monster bird in a cage that replaced that dumb IFJ/NUJP statement that got reproduced on the original mural was at least a picture and not a manifesto. The Mass Media is every bit as corrupt, dishonest and venal as the government. In fact it is worse for being so hypocritical. And of course corruption in media is the most sacred of sacred cows. It’s never mentioned or discussed in any where near the level of hysterics that corruption in government is. Puhleez!
Atty:
I don’t think Roy blogs here, but I will send him the posts in this blog. Not all, however. Just the ones written with less prejudice but hurting to a point. Hopefully, he will listen. Sayang siya as a matter of fact if he won’t.
BTW, he is related by blood to that Lapid guy. I understand he is his mother’s brother, but according to Roy, “I am not a Lapid, I am a Mabasa.” What he mean by that, I don’t know although I understand the father was a writer, too, and a good friend of FVR.
With this scandal, I hope Roy would be decent enough to quit before his name is ruined.
Ooops, this should read, “What he means by that, I don’t know…
“Press Freedom is alive and well in the Philippines. ”
****************
Yeah? Tell that to the dead journalists.
Good for you, Ellen, for quitting the NPC before you could be one of them guys hanging there. Nakakasuka was my impression as a matter of fact! Iyan ang may integrity! At least, you are not one of them, pretending to be critical of the media and journalists there but are no different themselves!!! Yuck!!!!
Over and out. Gotta do my job—been busy organizing the protest groups in Japan these days against Gloria Kulimbat!
Sinabi mo pa atty. Press freedom? Writing sipsip articles on the Pidals is not press freedom, you bet!
And what may I ask do Jonas and Edita Burgos have to do with Press Freedom? Neither of them is a journalist. It isn’t even clear whether Jonas is NPA or DPA. Why wasn’t Joe Burgos put there, instead? It’s obvious. Some groups who have no interest in press freedom at all other are only using the issue to promote their own totalitarianism. Case in point is “Ka Tony Zumel” a resident before he died some years back of the Utrecht Space Station and alleged central committee member whose publications are surely no one’s idea of “press freedom”. I can’t imagine a more damaged profession than the mass media in this country. Yet they talk as if they were saints of freedom. They’re on the take like most of the corrupt, they distort the news worse than those who modified the mural, they practice the art of the kuryente and headlines-as-fairy tale.
I think the bird monster in a cage says it all.
The mural is the product of a work for hire. The copyright belongs to NPC. Being the owner of the mural, NPC can do whatever it wants to the mural. Yes, even bastardize it.
Move on, people. Don’t sweat the small stuff.
“Tell that to the dead journalists.”
Okay, do. And I am sure you would want to add “activists, and clerics.”
But let’s not forget “soldiers, policemen, local govt officials, and school superintendents” who resist “insurgent-extortionists, remote control land mine exploders, ambush-killers and terrorist beheaders.”
I like this part of the article in Mural Rights by Trixie Angeles :
“Mabasa is unaware that it is not the temporariness of the act that makes the censorship contemptible, but that act itself constitutes interference with the message of the artists. By preventing Mrs. Arroyo, the one person who ought to have been moved by the work and who has the power to do something about it from seeing the work and imbibing its message, he has deprived this country of an opportunity to set things right. Gagging the artists and killing the spirit of the work, he has already denied the artists their voice.”
—————-
Very true! If Gloria would be moved by the message of the artpiece and make things right, the NPC could have suceeded in achieving one of the goals of press freedom!
Every day the people are fed lies and innuendo, sensationalized stories, lurid tsismis about two bit artistas, ambitious teenage porn stars, and ideological crapola. These the mass media do in order to sell telecomm load and other commercial products. That is part of press freedom too, but let’s not kid ourselves, most of them don’t do it for Art or Journalism or God. They do it for Mammon.
tata ellen, bobby capco is a columnist at the Bulgar. I don’t remember the column but he has visited my website once or twice. He specifically viewed my blogsite at http://www.albertopabogado.multiply.com
BTW, can you do a feature of my blogs specially my disillusionment at the slow pace of an Administrative case i filed against the scoundrels, scalawags and shenanigans of SANDIGANBAYAN (aNTI-GRAFT COURT)?
Under the present regime of Gloria, censorship is the principal weapons of repression.Journalist are well aware of the value and significance of freedom of expression but, defending freedom and democracy,in many cases,implied risking one’s own life.The censorship is not a law,it is a police measure; but it is a bad police measure, for it does not achieve what it intends, and it does not intend what it achieves. freedom of the press is a fine thing, and something which embellishes the sweet customary mode of life.But there are also bad persons, who misuse speech to tell lies.
ASIII, No, NPC does not own the copyright of the work. The NeoAngono Artists did not sell it. The selling of an artwork is different from the selling of its copyright.
Why are you so against the artists for selling their artwork, anyway? You want to watch movies and plays, hang paintings on your walls, but you dont want to pay for them? Artists are entitled to just compensation. Or are you devaluing artwork as something to be just given away?
Face it DJB and ASIII, the law is against the NPC on this one. Read the Intellectual Property Rights Law.
klingon
The artists were commissioned to do the work. They were compensated already. The mural is the product of a work for hire. As reported by Ellen, NPC paid 900,000 to the artists. 900,000 pesos!
The issue here is, does NPC have every right to do what it did (bastardizing)? Compensation is not the issue here! As the owner, NPC can.
By the way, where did you get your statement “Why are you so against the artists for selling their work?” Selling a finished work is a lot lot different from a commissioned work. To repeat, the mural is a commissioned work.
Read Ellen’s post above again – never did the artists complain about being unpaid or underpaid.
Sorry to say this, but it seems you don’t have a grasp of the issue.
Don’t worry, I have read the IP Code. Its obvious that you’re the one who have not even opened a page of it yet. Kindly read section 178.3(b) of RA 8293, the IP Code.
Face it, the artists can never sue NPC for infringement. You can bet your last peso on that.
comment on Trixie Angeles’ article on Mural Rights –
The mural in issue is a commissioned work. It was not a finished product when NPC obtained it.
Better ask an IP lawyer if NPC is liable for infringement. This will settle the issue once and for all.
I have. 178.3 deals with an employer-employee relationship. The NeoAngono Artists are not employees of the NPC. A commissioned work does not establish and employer-employee relationship, but a contract of commission. It was a finished product when the mural was obtained, since according to the Inquirer, Joel Sy Egco signed a receipt for it, as having been received in full compliance of their contract. And guess, what? I am an IP lawyer.
Dean,
Your neo-con mind is getting you all worked up for all the wrong reasons again.
The issue here is whether one has the right to alter an artist’s or a group of artists’ work and show it after the one who commissioned it altered it without obtaining permission from the artist.
Just not done.
Very cavalier way of doing things. This is a serious problem in Pinas: people who think they “know best” do things in such cavalier fashion.
You do that sort of thing in Europe, you’re “dead”, buried under a number of lawsuits. Mabasa and his friends are nothing but amateurs, pathetic amateurs.
Part of mass media being corrupt is already a given. At least, it’s also another part of the mass media that exposes this corruption from within. Otherwise, we will never know. Envelopmental journalism had been known to exist from way back because there happens to be enough practitioners who still regard the profession as noble.
Government, on the other hand, must never be expected, much more, tolerated, for being corrupt. Now, do we have enough people in government who regard the public service profession as noble?
I have personally grown cynical because of too many unexplained events in the recent past. I may be too biased to think that those who praise government for the economic gains are at the receiving end of the so called envelopmental journalism. I may be too naive to think that those who come out exposing government’s dirty side are the same people who value journalism as a noble profession.
I have been looking for these trumpeted economic gains and all I see is the fact that I am still out here sweating in the desert so I can decently provide for my family’s needs. I have been trying to justify to myself that a strong peso will benefit the next of kin I left in the Philippines. So far, I still fail to see all those that this government said it has accomplished.
I see this recent move to bastardize a commissioned artwork as a form of censorship- something that is not expected in a society which prides itself as being the “most democratic country in Asia; where human rights violations are not tolerated”.
I may be reading too much from The Philippine Daily Innuendo, MLQ3’s The Daily Dose, and Ellen Tordesillas.
“The mural is the product of a work for hire. The copyright belongs to NPC. Being the owner of the mural, NPC can do whatever it wants to the mural. Yes, even bastardize it.ASIII”
ASIII or DJBRizalist or GEO(or Dean for short):
The Law on“ Art Preservation and Artists’ Rights” states that no person, with the exception of the artist, has a right to deface or alter a work of fine art.
1) “Droit morale,” a legal concept meaning ”moral rights” is the cornerstone of the law.
In this case, ‘droit morale’ is the concept that art work is more than a commercial product,.
2)An artist’s reputation and career is dependent upon the works of art he or she creates. Each work of art has the artist’s signature on it, literally and figuratively.
3)The droit morale concept has been well accepted in European countries for over a century or more. The droit morale essentially says the owner of a work of art does not have the right to alter, deface or destroy the work of art. The work of art is something that belongs to society as a whole.
I think it was wrong to doctor signed originals regardless.They should have returned it to the painters. Last year, the city of Oslo returned a 20 tonn sculpture of their previous king after more than 5 years of work from a renowned sculptor from Italy because they did not like the result.
Its obvious that some people have a very low regard for Filipinos that to them eveyone here has a price. The concept of “priceless work of art” mean nothing to them and anything and anyone can be bought to include our artists. What a shame…
The NPC is contemplating declaring the artists peronae non grata and not allowed within the “hallowed halls of the NPC” Hahahahah. The supreme irony. Artists, whose gifts can only be of divine origin — because they are creators –are asked to stay out of the marketplace from Hell they call the NPC. Incredible.
Parallel to this topic is the Mainstream Media’s defeaning silence on AT4’s witness re Glorrieta Bombing. Here’s an excerpt from HTLaurel’s column today…
“On Monday morning, Ronald Ramos, alias Abdul Rackham, a former member of the Manila-based terror group the Rajah Solaiman Movement, told ABS-CBN News correspondent Jay Ruiz that he had surrendered to the government and worked for a special operations group of National Security Adviser Norberto Gonzales…
All were in agreement that the Rackham story by itself merited a front-page story,… but there was none on Tuesday morning. It was then I became absolutely certain that Rackham has a story that’s got some of the highest people in the halls of power running scared and pulling out all the stops to stop the story.
From my my media colleagues, I learned that the reporter who broke the Rackham story was put under intense heat by higher executives of his media organization after the interview.”
Is this voluntary censorship?
Sadly true. When even the souls of those who walk the corridors of power can be bought for several hundred thousands of pesos, how much less would souls of those who walk the dark alleys of perpetual poverty cost? When works of art are considered more of a commodity rather than an expression of sentiments felt at the very moment the work was created…
Yes, NPC may have bought the mural for P900,000, but no amount of gold can ever purchase the soul’s work- for the mood, the opinion, and the emotions of the creator at the moment of creation are captured in it. Nobody, not even the creator himself, has the power to alter those.
Re: “Face it, the artists can never sue NPC for infringement. You can bet your last peso on that.”
Does that make NPC right?
klingon,
178.3 is expandable to cover commissioned work.
My friend, the mural was not a finished product when NPC obtained it. To repeat, a commissioned work. A work for hire. The artists were paid before they even started.
It is not a case of NPC was shopping around for a finished mural when it chanced upon the angono artists’ work.
Really, are you an IP lawyer? Then I challenge you to convince the aggrieved artists to file an infringement suit against NPC, and use you as their counsel. I dare you.
I hope I can represent the NPC.
We will do Philippine jurisprudence a favor.
Calling all lawyers – join us in this great debate: is the NPC guilty of infringement?
————————————————————
The Equalizer,
Very true. Art is more than a commercial product. Then why did the artists allow themselves to be hired by NPC?
The rest of your post on ‘droit morale’ et al. is noted.
————————————————————
Ka Enchong,
Yes, I agree wholeheartedly. Pero the artists could have spared themselves of the heartache if they did not allow themselves to be commissioned in the first place.
Magandang idea ang naflo-float – murals are like software. Outside its creators, people can only have a license to enjoy it. That even the ‘license holder’ cannot alter it.
————————————————————
Juggy,
(the X-Men and Spiderman have a common foe – the Juggernaut. Spiderman calls him juggy)
The sole issue here is whether NPC infringed the rights of the artists or not.
The ‘pricelessness’ of the work of art is never an issue here.
Come on, we’re just talking about one piece of intellectual property. One piece.
My goodness, just one piece of IP.
Pathetic amateurs! The only art they know is the art in comic magazines!
Why, even my dog would know better what real art is and what droit moral is than these NPC shylocks would!
But of course, in this country led by a moral dwarf, what would “enterpreneural journalism” shitheads like Mabasa know about droit moral? Nul!
ASIII,
I don’t blame you, you don’t get it. You experience the world in Php or Usd. You’re right, these people were paid for their work, but these are our “artists” these are not professional grachic artists or cartoonists for hire. They are supposed to be left to “create” not just to execute instructions.
When you wake up in the morning, you probably just see sunlight, not the beauty of an extraordinary sunrise, of a kaleidoscope of hues exploding in the sky lighting up the world and exposing every dark corner, removing every shadow.
When you have sex, its just “wham bam, thank you mam!” and not the supramundane experience of “ecstacy.”
Anyway, if you choose to live like that, its your life not ours…
Diego’s take says it all: “Pati mural painting may dagdag-bawas na. Malakas ang influence nila Virgilio Garcillano at Lintang Bedol.”
And right you are Atty:
“There is a difference between the physical thing (the mural) and the expression, which finds flesh in the mural. Yes, the owner can burn, and he should, if he does not want it. But to alter it and show it, is to alter the expression of the artist without his permission.”
Pathetic, insipid jerks! Can’t believe it.
ADB,
You can add EUNUCHS!
Yeah, Juggernaut! Useless eunuchs. Now if only they could sing Alto or Soprano, they would be more useful as the Castras of Italy are.
By the way, is eunuch the translation in English of ‘supot’ (Magno’s term for Esperon.)
Nope. Eunuchs were used to guard the harems in the past, their testicles (actually I’m not sure what was sliced off) were literally sliced off so they lose interest in the women they were guarding. Yikes!!!
ADB,
Whats a neocon?
Neoncons were liberals who became conservatives, new conservatives and aptly called neo-cons.
My quick definition but http://www.antiwar.com/orig/lind1.html has more.
Neo-conservatives as opposed to traditional conservatives, eg., Wellington, Thatcher, etc. (cvj depicted me as one of the traditional conservatives whose line of thinking is more in line with Wellington, Thatcher and most of British or UK military.)
Anna,
Eunuch is kapon or kinapon in the vernacular. Ka Magno’s label for Esperon is translated as uncircumcised in English.
“Neoconservatives” are mostly found in the US and in Israel where many of them started off as leftists or liberals and then moved to far right.
Hahahah! Thanks, Ka Enchong. Oo nga pala.
Been following the exchange between klingon and ASIII.
klingon says Sec. 178.3 covers employer-employee relationships, and does not cover the Angono artists. ASIII says 178.3 can be expanded to cover commissioned works.
Commissioned works, however, are covered by Sec. 178.4 which says:
” 178.4. In the case of a work-commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary;”
So the NPC only owns the physical thing, the mural itself; the copyright remains with the creators or authors, unless the authors sold the copyright.
atty36252,
So is the NPC guilty of infringement?
Now I understand why DJB is called a neocon. Thanks ADB.
This issue involves two separate concepts – ownership and authorship (which the law calls moral rights). Ownership refers to the control of the physical thing, displaying it, or withholding its publication (display). Authorship refers to the control of the expression.
It is true that the owner of the work can do what he wants with it, even burn it. But the right to alter is reposed in the author, as section 193.2 provides:
193. The author of the work…. shall have the right:
193.2 To make any alterations of his work prior to, or to withhold it from publication;
May the author waive the right to alter? Only in writing (Sec. 195).
What is the duration of the authorship rights, including the right to alter? The lifetime of the author (Sec. 198). After his death, the right to alter is reposed in his successors for fifty years.
So bottomline, NPC had no right to alter the mural as the author is the only one with the right to alter unless he waives it. (Sec. 195, in writing).
“Now I understand why DJB is called a neocon. Thanks ADB.” —juggernaut
Kung ganon si Ninoy pala ay isang propagandist?
Ang isa sa magandang naituro ng 1971 ConCon ay ang pagboto.Maari rin ba na matawag si Marcos na isang liberals?
Ayan ang pananaw ko sa Democratic Revolution ni FM.
juggernaut:
Yes, I see infringement here.
If they go to court, there may not be any trial, because the facts are not in dispute. This will only be a question of law; reading the contract and the law, and interpreting them.
The only factual issue would be the amount of damages, and that can be done later, if the court rules that there is infringement.
Atty,
Very clear!
Outside of formal knowledge of the law, I would revert to droit moral (‘moral right’ espoused by The Equalizer) that stipulates the artists are owners of the expression of artwork even if the finished product belongs to those that commissioned it, the moral right of ownership to the painting belongs to the artist/group of artists.
atty36252,
Thanks for stating that part of the IP Code: Sec178.4.
If you are interested, read the law at:
http://www.chanrobles.com/legal7copyright.htm
Like Chief Justice Fernando used to say, the law is just English. If a lawyer says you cannot understand because you are not a lawyer, that is just for job security, or to increase his fees.
Atty,
Yes, thanks!
nelbar,
Speaking of nomenclature, neocons, liberals, leftists, rightists, islamofacists, bisayas, noranians, vilmanians, the list keeps getting longer, its hard for the politically impaired like me to keep up!
Juggernaut,
Re: “Now I understand why DJB is called a neocon.”
Must say that DJB never once refuted the neocon tag. He’s always been steadfast… He was once a leftist and then ‘veered’ to far right.
In that sense, he’s always been consistent, so while he and I have clashed on a number of occasions, I respect him for his being consistent.
What I dislike are the likes of Tony Blair (Dean will be tickled pink to be compared to Blair even if obliquely — tee hee!) who espoused leftwing views typical of UK’s Labour Party only to start eschewing the neo-con diatribes of a nig nog, Dubya Bush. I would have had more respect for Tony Blair if he had remained steadfast Labour instead of being a hypocrite. Total sham!
List gets longer Juggernaut: you now have Islamophobes…
hehehe, now we have the IP Code: Sec178.4., where is ASCIII? I feel like Bush holding a MOAB (mother of all bombs).
are you referring to ask the key?
or frame language of the ass?(from KEE , Knowledge Representation — comp sci AI)
nelbar,
Sorry, I meant ASIII.
nelbar,
Are you from somewhere in the Visayas or Mindanao?
juggernaut:
ipinanganak ang nanay ko 1944
ang tatay ko naman 1940
Parehas silang nanggaling sa PANAY
Ang lolo at lola ng Tatay at Nanay ko ay sa Panay din nanggaling.
nelbar,
Probably from Iloilo, where Tatoy’s and Breakwater are.
“He [King George] has waged cruel war against human nature itself, violating its most sacred right of life and liberty captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither.”
—- Thomas Jefferson (deleted portion of a draft of the Declaration of Independence, June 1776)
Ang bata mo pa pala nelbar.
juggernaut:
darating ang panahon magkakaroon ng Cayman Island of the East dyan sa pagitan ng Romblon at Panay.
Nakikinita ko na itong Nabas, Malay, Buruanga at isama ko na itong Libertad-Pandan ni Nay Ellen ng Antique -— kung papayag sya.
Sigurado ako nagbabasa si BK ng posting ko tungkol sa Nabas.
Teka nga’t magtimpla na lang muna ako ng dinikdik na luya, at pakuluan ko na muna nang may mainom tayo.
nelbar,
Tawag dyan, “milo” mi-loya. I’m from the Queen City of the South myself, apo sa kalingkingan ni Lapu-Lapu.
Sorry I missed all the fun. Just got back. How intersting ASIII. Are you a lawyer? I am a copyright lawyer, graduate of the University of the Philippines. My IPR teacher was Susan Villanueva of Carpio, Villaraza (a.k.a The Firm), Constitutional Law teacher was the late, great Perfecto Fernandez, Public International Law teacher was Raul Pangalangan, Private International Law was Merlin Magallona.
Atty. Trixie, incidentally is a batchmate. I called her, and from her I gather that the NeoAngono Artists have consulted with her and with another lawyer from the National Commission for Culture and the Arts, which has, for its mandate the protection of artists’ rights. Atty.35265 is correct re the other provisions of the Copyright Law, but, silly me. I thought you already knew that. However, Atty35265, I disagree that the owner of the thing has the right to destroy. The bundle of rights associated with ownership of an ordinary object that is not a creative work is not the same as the artistic work, considering the requirements of assignment. The debate is still on regarding that matter.
This explains why Mabasa retracted his statement that he can burn the painting if he wants to.
Read the provisions on assignment klingon. I still have reservations regarding rights of the owner of the physical product. I will just agree to disagree for the moment.
My disagreement is not really important anyway, because the issue is one we agree on, authorship rights or the droit moral.
The NPC now wants to sell the work. But that does not excuse the infringement of the authorship rights. The artists may still file for damages. So I hope they file the case, to enrich jurisprudence, as ASIII says; and to enrich themselves with, hopefully a hefty award of punitive (exemplary) damages.
Personally, I would sue for damages and give the award to some scholarship for struggling students.
Very interesting: ” The bundle of rights associated with ownership of an ordinary object that is not a creative work is not the same as the artistic work, considering the requirements of assignment.”
According to Wikipedia, “Avec le droit patrimonial, le droit moral constitue l’une des deux facettes du droit d’auteur en France. C’est une spécificité de la conception française du droit d’auteur qui n’existe pas dans les pays de common law.” (In patrimony law, moral right constitutes one of the two facettes of copyright law in France. It’s specific to French copyright law that does not exist in countries under common law.)
Droit moral comprises 4 branches:
le droit de divulgation (art. 121-2 CPI) : le droit de communiquer l’œuvre au public est décidé par l’auteur seul, dans des conditions qu’il aura choisies. Cependant, cette prérogative s’épuise lors de son premier exercice. (the right to divulge: right to communicate to the public is decided by the author alone in the conditions he shall have chosen.)
le droit de paternité : l’auteur a droit au respect du lien de filiation entre lui et son œuvre (right to ‘paternity’: the author has right to respect emanating from the link between him and his work)
le droit au respect de l’œuvre (the right to respect for his work
le droit de repentir (art. L 121-4 CPI) : l’auteur peut retirer l’œuvre du circuit commercial, même après sa divulgation. (right to repent: auhtor may withdraw his work from commercial circuit, even after its ‘divulgation’)
Further says, “le droit moral est perpétuel, imprescriptible et inaliénable. Ainsi, il ne peut pas être cédé et il peut être exercé par l’auteur lui-même, ou par ses ayants droit, sans limitation de durée.” (Moral right is perpetual, without prescription and inalienable and cannot be ceded and can only be exercised by the author himself or his/her heirs without limit in time.)
My apology for the non-legal translation of the entries (am not a professional translator.)
You’re right. I agree though that the artists should sue. But that may be easier for us to say, than for them to do.
Even if the law is on the side of the artists, their economic conditions aren’t. They cant afford filing fees, court costs, attorney’s fees and the costs of litigation. They arent prepared for the rigors of trial or the length of time it will take to win. Its a very young organization that was put up to help out during the Angono Arts Festival and they have no extra money lying around.
Even with pro bono lawyers.
As ever Klingon, those who don’t posses “le nerf de guerre” (the money: nerve of war), fall victims to those who have… As Lito Banayo said, during Erap’s time, it was “weather-weather” and under Gloria, it’s “pera-pera.”
Difficult indeed for those young artists to fight for their convictions against the humbug “entrepreneural journalism” shitheads like NPC’s Mabasa…
If I were they, I’d withdraw or refuse to affix my signature to the bastardized work. Respect for their work has not been met so their right to withdraw and retract their signature.
Sometimes, I find the Napoleonic Code much more encompassing and victim friendly than the common law, i.e., legal niceties and forms can be defeated when there’s an abuse or when the notion of “bonne foi” (good faith) is abused as opposed to “mauvaise foi” (bad faith).
I can attack a person in the courts for abuse of my good faith in France, a legal notion used to attenuate the rigours or the strictness of of the application of laws.
To Juggernaut: You’ve said that you might be expatriated to France. I think you will appreciate greatly the notion that you can affix your signature to a public document without material proof that it is you who say you are — simply by writing: “In my honour, I hereby attest to the veracity declared in this document…”(for example); however, there would be hell to pay if the person has abused that “honour provision” in a public or legal document.
Please don’t be surprised if Roy Mabasa becomes the next Press Secretary of GMA (Grabeng Mangsinungaling Ahay). He is the same mold of the people around her.
Even with pro bono lawyers.Hehehehe!
The only people who really can get expect some fairness in our judicial system are those who has money.Nobody else really matters to judges and lawyers.There is a huge amount of bribery in our court.Nearly all bribes are given to the judges by lawyers;this is considered the safe way to bribe a judge.Bribery is rarely spoken about,just understood.Rich people pay huge amounts of money to law firms with connections,the lawyers walk around with a certain amount of cash,and they pass it to the judges in their quiet moments together while playing golf.It is mostly all cash of course! Sometimes the bribery is blatantly obvious,because of the other crimes that lawyers and judges commit in broad daylight together.In the courtrooms you can see the judges being extremely friendly to their rich lawyer friends who pay big bribes.As an average person,there’s no real way to out-bribe a rich person,regardless of what your lawyer promised you.That’s why only rich win so often.
Most lawyers have,to one degree or another,signed up with the devil,to do things the way the devil wants them done.That means that any time you hire a lawyer,he already is in a conflict of interest.He has to make the judge happy first.And if the judge wants to make the government happy, or make somebody else happy who is paying a big bribe,then guess what?You are destroyed.It doesn’t matter what you paid the lawyer.He works for the judge,first and foremost.
Ellen’s post does define “the dark side of journalism”. It’s NPC – the Press Club – on that side. Is it safe to assume the NUJP – the Union of Journalists – is on the other?
The unveiling itself was one foolish event. I just can’t believe they even gave Gloria the HONOR to peel the curtains for a mural on, of all things, PRESS FREEDOM?
Are they going to follow this with ground-breaking of a monument for SLAIN journalists, again, with Gloria laying the cornerstone?
Tongue,
Re “Are they going to follow this with ground-breaking of a monument for SLAIN journalists, again, with Gloria laying the cornerstone?”
Almost knocked me off there but to be perfectly honest (and now that you’ve asked it), I wouldn’t be surprised if Gloria invented something of the kind and laid the cornerstone herself.
Btw, thanks again, Ellen for quoting my post. (And correcting my spelling, too.)
AdeBrux,
Sorry, you guys were out so long last night I dozed off. Yep, sometime next year. I’m making the most of my time with my family and talking to as much Pinoys as possible. On another note, technology really has made the world a smaller place, we tried using web conferencing last Monday, spread out in three continents we were able to “meet” do our presentations (powerpoint) as if we were all together in one room (weird ha?). Using Edge/GPS, I can actually be in a resort somewhere and still be “connected” to the office via laptop with a call center answering and forwarding calls to my mobile, hmmmmmm… Too bad, the weather is not cooperating…
I know what you mean Juggernaut… web conferencing has been useful but in my line of industry, although it’s done quite often (less costly too) within a division (composed of a few units), I find that more and more personal meetings are arranged too involving many people from various divisions (‘Codir’ as they are popularly called in French) even with the advent of sophisticated webconferencing; maybe to get out of their own office or to be able to travel more? Some say nothing could replace a personal meeting if only to be able to read the body language of the other people in front of you.
But I sure wouldn’t mind being on a beach myself during a ‘Codir’, particularly when the chair goes on and on and on and on (Thank God, I only have to do that once in a blue moon now…)
Freedom of expression should not be bastardized. If they wanted to change it, leave the original in place and at the next walls, paint the altered ones and mark as rev. 1, rev. 2, etc, like what we studied in the books. Press people I think went through Eng 1, Eng 2 until they reach their term papers and so on. Painters didnt, they are only paid.
Freedom of expression is a bloodline of democracy. Anyone who suppress, control or manipulate in however form has no place in a democratic society thus be declared an enemy of the state.
florry:
papaano kaya kung dito sa barangay ni nay ellen, ay hindi ko binoto si Valdemar, at ekis ang inilagay ko?
Halimbawa, nagparticipate ako sa democratic exercises sa pamamagitan ng balota, guhit pahalang ang inilagay ko?
Ano ang tawag dito?
Noong Mayo 2007, sa eleksyon para sa kinatawan ng 6 na konseho(distict) ng lungsod namin, dalawa lang grupo ang nakita ko na dapat na ilagay sa balota. Ang LP at ang PMP. Hindi ko sila kilala pero binoto ko ang tig-2 mula sa nasabing partido. Ang natitirang 2 ay guhit pahalang na rin(pang lima at pang anim).
Papaano ba maipapakita ang protest vote sa eleksyon na ayaw mo sa sistema na ipanatutupad ni GMA?
Isang pagbabalik tanaw ito dun sa mga nagsusulong ng 2 party system.
Florry;
Freedom of expression is a bloodline of democracy, I agree with that. But, did you ask Gloria and Esperon? The concept of freedom of expression implies that certain forms of speech are to be criminalized for being out of step with the government’s ideological positions.Gloria’s regime has not only shut down free speech; it has opened a legal can of worms that will be most difficult to handle.If she unleash these freedom,Gloria can not rule the country.This phrase implies that it is desirable,or at least feasible,for one person to control almost everything that goes on in a populous and complex nation.
The Germans allowed Hitler to run the Third Reich,Stalin to run the Soviet Union,Mao Tse Tung to run China,and Pol Pot to run Cambodia.They did so with tragic results and mountains of corpses,but they indeed ran their countries suppressing freedom of expression.And today,it is impossible to dispute the fact that Gloria run our country with a bunch of executive orders, But perhaps you are getting the idea that running the country without people’s freedom of expression may have distressing implications.
On the contrary,the country that are run by one midget woman and group of mainly inutils is poor and unstable.But here’s the really annoying situations, some of the same people who think when the president rob the country’s treasures are also the first to complain when any of there commissions, tongs, freedoms or privileges are curtailed to the slightest extent. Singson can be a witness to that but, he needed a vast apparatus of terror to control his divorce with Gloria if not, he may ended up committing suicide after leaving his Pareng Erap in ruins.
juggy,
I am very much here! Answer the question – is NPC liable for infringement? How did NPC violate the copyright (if it belonged to the artists)? Feel free to detonate your MOAB anytime.
Since you are already prone to proof-texting, citing provisions of law in isolation, kindly cite the provision violated by the NPC. Tsk tsk tsk, a little knowledge is dangerous, thats why ignorance can be bliss.
You said,
“They are supposed to be left to “create” not just to execute instructions”
As to “create” – Very true, juggy. Agreed. At present, they can still “create” right? When they were by NPC commissioned, the artists were left to create, right?
As to “execute instructions” – I can’t believe Im reading this. Prior to the bastardization, they followed instructions – the terms of their commission by NPC! Prior to bastardization, and upon delivery, the mural was done as instructed. There were no complaints on NPC interference in the actual creative process (the actual painting procedure). No complaints on prior restraint! Any interference was done in the finished product, after delivery!
You said,
“Anyway, if you choose to live like that, its your life not ours”
Well said, juggy, well said. As an 80s band, Talk Talk, would sing, “Its my life. Don’t you forget!”
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atty36252,
178.4 may be the applicable provision, I’ll grant that. But still, can NPC be liable for infringement?
All of us, outside the aggrieved artists and the NPC people concerned, do not know the complete facts of the situation. So you can never say that there are no more factual issues. We’ll be surprised at what we can unearth if we interview both sides.
Aren’t you wondering why no lawyer was speaking for either NPC or the artists’ group?
(is 36252 your roll number?)
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AdeBrux,
I can’t answer that. The issue has become legal because the aggrieved artists have been screaming violations of rights, freedoms – legal rights.
By the way, the Philippine Civil Code is patterned after the Spanish Civil Code which was patterned after the Napoleonic Code
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klingon,
Guess what? I graduated also from the UP College of Law! I wonder why you had to mention the names of your teachers. Too bad you were never under the principal drafter of the old copyright law, the late Esteban Bautista
But I’ll only mention one professor of mine – Prof. Arno Sanidad, in criminal procedure. A superb litigator. I still look up to him. That explains why Im gung-ho in wanting to represent NPC in an infringement suit filed by the aggrieved artists, with you and atty36252 as their lawyers!
Lets bring it on, compañeros! As a well-known boxing ring announcer would say, “rrrrrrrrrrr lets get ready to rumble!!!”
As I said in an earlier post – lets help Philippine jurisprudence.
Did you know that The Firm has two IP departments? One, intellectual property, and the other, influence peddling 🙂
Is that so, ASIII? “the Philippine Civil Code is patterned after the Spanish Civil Code which was patterned after the Napoleonic Code.”
As ever, it shouldn’t be difficult to presume that the finer print of the Napoleon Code, the original that is, would’ve been lost in the final copycat, i.e., RP, which I believe also banks on US jurisprudence (maybe not so much in the Spanish Civil Code or in other nations in Europe that base their civil laws on the Napoleon Code.)
“I can’t imagine a more damaged profession than the mass media in this country. Yet they talk as if they were saints of freedom. ” – DJBRIZALIST
Wow….sapul mo DJBRIZALIST
Kailan nagkaroon ng monopolya ang mga nagpapanggap na aristokrats(kuno) para sa kalayaan ng pamamahayag?
Beware of Attoyney Tabla Panalo:
Tabla lang ang pinanalo.
Typographical lang ang error kaya nanalo.
How about you Attorney Perfecto Areglo?
“ang lagay ba ganon na lang”
Attoney Aminado:
punchline:
“atorni, inosente talaga ako dito …aminin mo na, para bumaba sistensya mo”
Compañero may companya na tayo!
Just like in any profession, there are bad eggs in the media industry. You can heap all the scorn you want on those people who use their press card for business and other shady reasons and they deserve it.
But there are also those who try their best to do their job of informing the people the truth (because with information, you empower people), which is the primary duty of a journalists.
I’m sure DJB will agree with me that there still many in the country who continue to practice responsible journalism.
It’s wrong to generalize.
DJB, who are those who criticized Mabasa and company whom you think did not have the moral right to do so?
That explains why Im gung-ho in wanting to represent NPC in an infringement suit filed by the aggrieved artists, with you and atty36252 as their lawyers!
Last July , the NPC commissioned the Neo-Angono Artists Collective for P900,000 to do a mural on the history of press freedom in the Philippines.
Works Made for Hire.— In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.
NPC hire the Neo-Angono Artist Collectively for P900,000,Therefore, NPC is the employer and they own all the rights comprised in the copyright and they have all the rights to do whatever they want to the mural.
ASIII, What case are you going to file in court, which party are you going to sue and what damage are you asking for? The only case I can see in here is that: The Neo-Angono Artist can only sue NPC for not paying the whole amount if they are not yet paid compensation for there works.
“178.4 may be the applicable provision, I’ll grant that. But still, can NPC be liable for infringement?”
*************************
Sorry for the incorrect term. There was no copyright infringement, but violation of moral rights when the work was altered (193.2)
The author has the same remedies as the copyright owner.
“Violation of any of the rights conferred by this Chapter shall entitle those charged with their enforcement to the same rights and remedies available to a copyright owner. In addition, damages which may be availed of under the Civil Code may also be recovered….” (Sec 199)
The number is my student number xx-36252. Don’t ask about the xx, it will show my age.
I also did Property Law under Esteban Bautista, who dedicated his book so: “Para ken ni Nanang ken ni Tatang.”
178.4 may be the applicable provision, I’ll grant that. But still, can NPC be liable for infringement?”—-36252.
Sec. 178. Rules on Copyright Ownership. – Copyright ownership shall be governed by the following rules:
Sec.178.4. In the case of a work-commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary;
Therefore, NPC is the author and copyright owner of the mural, not the artist.
Sec. 193. 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:
193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work;
193.2. To make any alterations of his work prior to, or to withhold it from publication;
193.3. 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
193.4. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work.
My question to you,36252,What liabilities of infringement does NPC have in this case? NPC can do whatever they want on this mural because they are the legal owner. Also, the rules applies if I buy a new car, example Fathfinder, Can Nissan Motors sue me for infringement if I replaced the tires with chrome wheels?
I see, “droit de divugaltion” is right to publication pala – thanks, Cocoy.
Cocoy, a car is industrial object not creative work and would fall under patents, di ba? But still the artists retain the right to object to any distortion,mutilation or other modification or other derogatory action in relation to his work, and this is precisely what they are doing.
Please note that while I tend to disagree on some points you have raised, I am grateful for your discussion. Learning a lot here.
Sorry, trademarks.
Klingon;
Re;But still the artists retain the right to object to any distortion, mutilation or other modification or other derogatory action in relation to his work, and this is precisely what they are doing.
The artist can only object to any distortion of there work if they are the author and copyrights legal owner. Since, they are commissioned by NPC to do the work, the mural belongs to NPC under Sec.178.4.The owner and the author has all the rights; not the artist.
I understand everybody frustrations in here but,we can not change the law just for a certain individuals.If the copyrights belongs to the artist and NPC bought it, reproduce and alter, then NPC be liable for infringement. These artist are paid to do the job so,they could not claimed to be the author and copyrights to the mural, the mural belongs to the person who commissioned them.If the owner is not satisfied with the work it is there discretion to do whatever they wishes.
Uy nagkakalabasan na ng student number. Mine is xx-13050. Sabi ng Kuya ko, pag pinagdikit-dikit yung number ko “BOSO” ang basa. Buti na lang hindi 13030.
Nasagot din yung tanong ko kay atty sa kabilang thread.
AdeBrux,
Yes. We are a descendant of the code napoleon.
I hope your use of ‘copycat’ was not derogatory, but your way of saying ‘duplication in full’
The Philippine Civil Code was passed by Congress in 1950. Believe it or not, in 1950 the Spanish influence was still strong, some Supreme Court decisions and government pronouncements were still written in Spanish. (As a matter of fact, the favorite Supreme Court decision of UP Law freshmen is written in Spanish. Ask klingon and atty36252)
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cocoy,
Compensation was never and is never an issue between the artists and the NPC. No complaints on underpayment or nonpayment were made.
No, I/NPC won’t be filing a case. Since the artists themselves think they are the aggrieved party, they are the ones who will file a case vs. NPC. They believe NPC does not have any right to alter any part of the mural.
There’s a legal issue here. As per 178.4, ownership is with NPC, but copyright is with the artists. So who has the right to make alterations? Let us not forget that the mural is the product of a commissioned work.
klingon, atty36252 and most of the bloggers here believe only the artists can make the alterations. I, (and you it seems) think NPC can alter.
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atty36252,
But 193.2 refers to the exclusive right to alter prior to publication and the right to withhold publication, not to the exclusive right to alter per se.
What could be the equivalent of publication for a mural?
sige I wont ask the xx. yung dean ng UP Law na lang when you graduated. Cortes o Bacungan? 🙂
iyong dorobo bills ba ay work of art?
ASIII:
RE:There’s a legal issue here. As per 178.4, ownership is with NPC, but copyright is with the artists. So who has the right to make alterations? Let us not forget that the mural is the product of a commissioned work.
Yes, of course! But, remember; NPC commissioned the Neo-Angono Artists Collective for to do a mural on the history of press freedom in the Philippines. For sure, NPC gave them some guidelines of the said project and they are compensated for there works.
Let see for example, I am going to hire an artist to do mural for my house and we agreed on a written contract that I have every rights on authorship and a copyrights owner, I don’t think there is any legal binding law that the artist can sue me for alteration, distortion, mutilation or other modification.
I don’t think also that NPC is stupid enough to enter into an agreement without a written contract with these big amount of money. I don’t think also, that NPC will distort the mural if the copyrights and author ships don’t belong to them. In these case, the artist sold their service to NPC for the work in exchange for compensation, so what rights they have against the person who commissioned them to do the job?
“What could be the equivalent of publication for a mural?”
*******************
Ano pa? Di when it is unveiled. The NPC altered before unveiling, so they violated.
This NPC mural is a fiasco no matter which angle you looka at it, the “owners” didn’t even bother to supervise, coordinate with the artists as they were working on this (three months) not even as much as peeked. This shows a lot about the irresponsibility of this NPC officers. When they called the artists to make the revisions to the images they did not like, it was because the “PSG” said they saw leftist elements in the mural.
There’s definitely a stench here. The NPC are under pressure from creditors, are even facing eviction, hence they are courting the good graces of the administration. Another case of compromise. But then again, its crunch time. And thats the real deal…
Some very interesting incidents that may show that the “mural” issue is just the tip of the iceberg…
opinion.inquirer.net/inquireropinion/letterstotheeditor/view_article.php?article_id=79851
services.inquirer.net/print/print.php?article_id=98827
http://www.manilatimes.net/national/2007/july/06/yehey/top_stories/20070706top7.html
cocoy,
whoa whoa (a la keanu reeves) we are on the same page here!
you asked “so what rights they have against the person who commissioned them to do the job?” actually wala. violation daw ng artists’ rights under the IP Code. ano kayang rights yun?
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atty36252,
“Ano pa? Di when it is unveiled. The NPC altered before unveiling, so they violated.”
oh is that so?
the unveiling was for GMA purposes only. delivery of the mural was already ‘unveiling’ for the one who commissioned the work, NPC. even before GMA got to see it
come on, lets test your definition of publication by ‘unveiling before GMA.’ File the case in court now.
I advise a “HALT TO ALL HOSTILITIES!” Mabasa along with an NPC officer as well as Neil Cruz and the head of the Neoangono artists were interviewed on TV last night and no one indicated filing any case.
What was interesting though was Mabasa’s comments that the NPC has other issues to fry, probably heavier than the mural issue. If its true that GSIS is after them and is threatening eviction, then by all means the NPC will have to make compromises with the “powers that be” and the welfare of artists and even press freedom will take a back seat. Will this be a case of “kapit sa patalim?”
A free and unfettered media is the hallmark of democracy. Many have offered their lives for us to have the “freedoms” we enjoy now and sometimes take for granted and even despise. We have to take the good with the bad, and rely on our capacity for “critical thinking” and “common sense” inorder to discern which is bad media or good one. Let the media be, they take the risk of losing career and even lives. Its a job that takes guts and commitment, not everyone can do what they are doing, yours truly included.
Juggernaut;
There is no hostilities in here, only some legal quorum for the undertakers.You see, politicians, lawyers and used car salesmen are curse words to most society, fighting for lawyers, or any lawyer to even discuss rationally, to stop judges from doing patent criminal acts know one of the many major reasons; why lawyers rate rather low in terms of honesty and ethics. Lawyers are to blame for too much litigation, and that attorney costs add too much to the expense of litigation. However, they also say that they are a treat to civil justice system unfairly, but still believe that the system is only in need of fine-tuning. Lawyers just knows what is right in any given situation, especially one that is complex and has ramifications over a whole spectrum of interests, They never made unilateral decisions except when they were under direct attack. It would obviously be only to figure out a way to defend the guilty and screw the innocent at the same time. The lawyers are the ones that filled the gap in jail and help keep the warden’s job safe. Hehehehe! Joking!joking lang!
“the unveiling was for GMA purposes only. delivery of the mural was already ‘unveiling’ for the one who commissioned the work, NPC.”
********************
You unveil to the public, not the owner. Same with paintings in an art gallery.
What can be more public than the unveiling before the president with her entourage and Malacanang press, ribbon-cutting, may pa-merienda pa.
Somebody else is representing them. Besides I am overseas.
If not, for the other lawyer, I would draft the pleadings for them to file pro se.
Huwag kang hot. Somebody will sue them and you will get your shot at putting your name in the SCRA (for the non-lawyers, Supreme Court Reports Annotated).
36252;
re;If not, for the other lawyer, I would draft the pleadings for them to file pro se.
Neo-Angono Artists are turning into one of the fans who believes the NPC owes them something; They doesn’t owe them a dime, and they are being stupid and/or greedy to think that they could get away with something like this.You see that bias in how IP lawyers often act before judges.
It’s a deja vu! Looking over mural distortion complain to the court, Yeah! there are some nasty attacks, alleging illicit motivations on the part of NPC that the artist have no way of knowing. Consider them lies, because that’s what they were in my case. You should also consider flipping the allegations of greed around. Never, when lawyers are involved, neglect their enormous desire to bill as many hours as possible to a deep-pocketed client. There’s undoubtedly more greed per square inch to be made.You can also see hints of that billable-hours greed in the rather pitiful attempt of the lawyer to handle these case;A pro bono per se is a sisi sa huli. That’s how an economically intelligent lawyer grown old and cranky, That pro bono will make almost anyone think they’re a literary genius. Just remember;no gasoline hindi aandar ang kotse!
cocoy,
In this case, both Neo Angono artists and NPC don’t have deep pockets (practically broke). The NPC is mired in debt and the artists are, you know how artists are in this country.
What it looks like is NPC kowtowing to the PSG ie taking away “leftist” images that may be detrimental to the country’s image (really?) or at least to someone’s image that is.
As it is, even looking at it from an outsider’s point of view, the images that were changed were actual events and people that could have really mirrored the current press/media landscape, rendering the mural more “impacting” or “relevant.”
At least for me, this is an obvious attempt of “taming” media…