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Filipinas Copyright Licensing Society, Inc.

Submitted by admin on Wed, 07/07/2010 - 12:48
FILCOLS, Filipinas Copyright Licensing Society, Inc.
No. 5
Everite Street
Barangay Calumpang
Marikina City
1801
Philippines
Phone
(632) 906 8493
Website
www.filcols.org, http://filcols.blogspot.com
Chief Executive Name
Alvin J. Buenaventura
Chief Executive Title
Executive Director
Chief Executive Phone
+63977-216-0016
Chief Executive Email
Key representative
Mr Regina Reyna V. Pastor
Title
Membership and Documentation Officer
Phone
+63977-216-0024
Key representative
Dr Dennis T. Gonzalez
Title
Chair
History of the organisation
The establishment of collective management organizations is supported by the Book Publishing Industry Development Act of 1995 and the National Book Policy of 1999.

In 2001, the Philippine government’s National Book Development Board (NBDB) encouraged authors and publishers to establish a reproduction rights organization. However, after its incorporation, the initial organization was mired due to its inability to generate enthusiasm and support among stakeholders.

In 2007, the Book Development Association of the Philippines (BDAP), with the help of the NBDB and the Intellectual Property Office of the Philippines, organized the new RRO with a larger representation of authors and publishers. On 8 January 2008, the Filipinas Copyright Licensing Society, Inc. (FILCOLS) was incorporated.

FILCOLS became an IFRRO member on 3 June 2009.

On 24 February 2020, in compliance with the mandatory accreditation of CMOs, FILCOLS received its Certificate of Accreditation from the government through IPO Philippines as the duly recognized CMO to collectively administer, license, and enforce the right of reproduction of authors, publishers, and other right holders in the text and image sector.
Year of incorporation
2008
Year of first distribution
2013
Year of first collection
2012
Total number of Board Members
9
How are Board Members elected
At the Annual General Meeting
Total number of Author Representatives
5
Total number of Publisher Representatives
4
Remarks about the Board
FILCOLS’s nine-person Board is composed of five authors, two publishers, one foreign publisher’s representative, and one book association representative.
Total Rights holders represented
850
Remarks about the members
The bulk of FILCOLS's members come from the Book Development Association of the Philippines, the country's largest book industry association, and from the Writers Union of the Philippines or Unyon ng mga Manunulat sa Pilipinas (UMPIL), the largest organization of Filipino writers.
Staff total number
3
DATES OF FINANCIAL YEAR
1 January - 31 December
Type of National legislation
Civil Law
Licensing system
Voluntary Licencing schemes, with potential back-up in Copyright Laws
REPROGRAPHIC LICENCES - Types of works licensed
All types of published materials.
Types of uses licensed
General photocopying of published materials including coursepacks for internal, institutional use.
Types of institutions/sectors licensed
Higher education institutions, businesses, and other organizations.
OTHER LICENCES - Public Lending Rights
off
Distribution methods
Both title-specific distribution and non title-specific distribution
Statistical surveys
Administration costs as a percentage
30%
Are deductions for cultural and/or social purposes made?
yes
Cultural and social deductions combined as a percentage
1%
New developments / legislation
FILCOLS supported the passage of the Free Tuition Law (Universal Access to Quality Tertiary Education Act or RA 10931). This law provided funds for “the reproduction of materials” [RA 10931, Section 3(g)] in State Universities and Colleges (SUCs) and Local Universities and Colleges (LUCs).

During the crafting of the law’s Implementing Rules and Regulations (IRR), FILCOLS team led by chair Dr. Butch Y. Dalisay Jr. met with the Commission on Higher Education (CHED)-UNIFAST secretariat to discuss points that will be presented to its Board.

Later, FILCOLS executive director Alvin J. Buenaventura and legal counsel Atty. Javier Flores crafted a position paper which guided the CHED-UNIFAST secretariat that led to an IRR that included copyright license fees for the reproduction of works under library fees.

This means that the government will provide funds for the re-use of copyrighted works. The SUCs and LUCs just need to include the copyright license fee for the reproduction of works under library fees.
New developments / licensing
In response to the COVID-19 pandemic, the Department of Education provided for a Blended Learning Strategy (BLS) to be able to continue the lessons of 24 million public school students in their homes as face to face classes were suspended. FILCOLS and the Education Department agreed that the re-use of copyrighted materials for the digital and printed components of the BLS should be remunerated.

However, some officials of the Department of Education wanted ALL reuse to be classified as Fair Use to the detriment of the copyright owners: authors, heirs of authors, and publishers.

Through an international webinar organized by the Intellectual Property Office of the Philippines, where IFRRO CEO Caroline Morgan made a presentation together with Sarah Tran of the Copyright Agency (Australia), the Department of Education agreed to return to the negotiating table with FILCOLS.

Number of Bilateral agreements type A
2
Bilateral agreements type A with
CAL (Australia), CLASS (Singapore)
Number of Bilateral agreements type B
17
Bilateral agreements type B with
CADRA (Argentina), CDR (Colombia), Copydan Writing (Denmark), GCA (Georgia), HKRRLS (Hong Kong), IRRO (India), JAACC (Japan), KOPIKEN (Kenya), MASA (Mauritius), REPRONIG (Nigeria), Kopinor (Norway), KORRA (South Korea), TTRRO (Trinidad and Tobago), VIETRRO (Vietnam), YRCI (Indonesia).
Other agreements with RROs
Pilot Bilateral Agreement with CLA (UK)
Total amount collected for all licensing
14 730 355.33
Total amount collected for reproduction licensing
14 730 355.33
Total amount collected nationally for reproduction licensing
11 532 048.93
Amount for schools
11 532 048.93
Amount for further education
0.00
Amount for higher education
0.00
Amount for government
11 403 337.93
Amount for business
0.00
Amount for other sector(s)
132 411.60
Levies on equipment and other mediums
0.00
Total amount collected for PLR
0.00
Total amount received for licensing from other RROs world-wide
3 198 306.40
Total amount received for reproduction licensing from other RROs world-wide
3 198 306.40
Total amount distributed from all licensing
947 474.73
Total amount distributed from reproduction licensing
947 474.73
Total amount distributed to national rightsholders
947 474.73
Total amount distributed to national rightsholders from reproduction licensing
947 474.73
1. Of which for visual works, to publishers only
0.00
to publishers and visual creator organisations
0.00
to visual creators organisations
0.00
to collecting societies only
0.00
to individual artists only
0.00
Total Amount distributed to foreign RROs
0.00
Total amount distributed from PLR
0.00
Administration Charge (actual figure)
3 909 028.50
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PHP Philippines Pesos