UPDATED with Bonus. Law on Mass Media & Comm 6th Exercise Media Workers’ Employment Conditions, Employee Rights & Employee Responsibilities. Deadline Nov. 6

UPDATED with Bonus

   Law on Mass Media and Communication 6th Exercise Media Workers’ Employment Conditions, Employee Rights & Employee Responsibilities. Deadline Nov. 6

 

        As the last exercise for the chapter “Rights and Privileges of Media Practitioners” (before proceeding to “LIMITS to the Right to Freedom of Speech/ Freedom of Expression/ Freedom of the Press: PROHIBITIONS”), class members have the option of posting the following:

     Two posts: One regular post and the Bonus post here…

    Or:

    Just one post: a regular post or the bonus post here.

 

   A. Regular post : A news report, news feature, interpretive article, opinion piece, etc. (time frame 2016-2019) that illustrates any of the legal provisions and cases discussed under the topic “Rights of Media Workers: Media Workers’ Employment Conditions, Media Employees’ Rights, Media Employees’ Responsibilities”

    B. Bonus post on rights as content-creators (intellectual property rignts) : A news report, news feature, interpretive article, opinion piece, etc. (time frame 2016-2019) that illustrates a copyright infringement (definition and illustration as discussed in class)

    Deadline is after the Undas observance (All Saints Day, All Souls Day) November 6, 2019, Wednesday at 5pm.

 

30 comments

  1. From blog admin: This will be categorized as the BONUS post here (it’s on copyright infringement: Review the lecture and discussion in class). The window for the regular post is still open (a class member can post either one or both).
    ❤ ❤ ❤

    Rights and Privileges of Media Practitioners

    US court orders 27 pirate site operators to pay $27 million to ABS-CBN

    The 27 pirate site operators were ordered by the United States Federal District Court in Florida to pay $27 million in total damages to ABS-CBN Corp. over copyright infringement.

    SOURCE: https://news.abs-cbn.com/business/04/06/19/us-court-orders-27-pirate-site-operators-to-pay-27-million-to-abs-cbn

    According to ABS-CBN’s Assistant Vice President of Global Anti-Piracy Elisha Lawrence, it is a great legal victory for the ABS-CBN station since the substantial award by the US federal court sends the strong message that the owner of the content has the legal right to protect its content from being given away for free by pirates. The lawsuit was filed in December 2018, and impleaded 27 pirate sites such as dramaofw.ch,vidco.su and others. These sites are used to offer access to Filipino content in the US and abroad. Moreover, as part of the judgement, any advertising revenue gained by these pirate sites shall be handed over to ABS-CBN. Lastly, the permanent injunction in the court ruling also requires the domain name registrars and registries of the pirate websites to transfer the domain names to ABS-CBN (ABS-CBN, 2019). And as we all know, copy right or economic rights should consist of the exclusive right to carry out, authorize or prevent public display of the original or a copy of the work. Moreover, everyone should respect the hardwork of someone by buying or watching their original work without using sites that are pirating the movies or scenes. Also, let us avoid spreading these pirated sites, especially in social media to avoid and prevent copy right infringement.

  2. For Shane, from blog admin: This will be categorized as the BONUS post here (it’s on copyright infringement: Review the lecture and discussion in class). The window for the regular post is still open (a class member can post either one or both). Tnx. -marichu

  3. Regular post
    Directors, actors speak out vs long movie, TV working hours
    March 11, 2016

    Members of the media industry speak up about working hours following the death of directors Wenn Deramas and Francis Pasion

    https://www.rappler.com/entertainment/news/125332-media-industry-speak-out-against-working-conditions-francis-pasion

    Numerous media personalities such as Quark Henares, Aiza Seguerra, Rez Cortez, and more spoke out against the horrible working conditions of film and tv shows which some attributed to cause the death of notable directors Wenn Deramas, Francis Pasion, and Gilbert Perez. Henares posted his thoughts in a facebook post stating “I think the reason a lot of TV directors like Wenn Deramas and Gilbert Perez, and now Francis Pasion are getting cardiac arrests is because of the horrible working hours and conditions in television. And it’s not just directors: stuntmen, ADs (assistant directors), crew people, and cameramen all go through similar situations.“ According to Directors Guild of the Philippines (DGPI) chairperson Paolo Villaluna, working hours for a shoot vary due to many factors however 24 hour work days are not uncommon. Aiza Seguerra mentioned that some of the crew even work 7 days a week due to pre-production meetings, early set up/late packup, etc. Due to the nature of work on film and tv sets, Article 83 of the Labor Code which restricts work hours to 8 hours/day does not apply. This is due to the fact that crews perform their duties outside of an office and work hours cannot be determined with reasonable certainty. UPFI Faculty and one of Cinemalaya’s founders, Edward Cabagnot, called out the Film Development Council saying ”THIS is your f-ckin’ job! To take care of the welfare of the sector you have been mandated to protect. NOT spending government funds to put up expensive booths in festival markets that will remain tragically unattended.”

  4. Bonus post
    Publisher awarded P24.7 M in damages for copyright infringement
    Published December 10, 2017
    https://news.mb.com.ph/2017/12/10/publisher-awarded-p24-7-m-in-damages-for-copyright-infringement/
    A Manila Regional Trial court has ordered a foreign fim and it’s three Philippine partners to pay St. Mary’s Publishing Corp. 24.7 million pesos in damages and costs of litigation for copyright infringement through the use of a forged Deed of Assignment of Copyright. The complaint was filed by St. Mary’s Publishing corp(SMPC) against M.Y. Intercontinental Trading Corp.(MITC), Tedwin T. Uy, Allianz Marketing and Publishing corp. And Fujian New Technology Color making and Priniting Company, LTD. The court found that Fujian did not deliver SMPC’s order for printing of textbooks and instead issued MITC the authority to enter into Contract to Market and Sell the Textbooks. Allianz on the other hand, was the importer of the textbooks from Fujian, China to be sold in the Philippines. During the trial, the court also found that the notarized Deed of Assignment of Copyright secured by MITC was a forged document. The deccision stated that “while defendant Fujian is a corporation based in China, its act constitutes copyright infringement pursuant to the Berne Convention for the Protection of Literary and Artistic Works on 1 August 1951, among the members of which is China, which became a party to the Convention on 15 October 1992.” It also ordered the firms to desist from printing, copying, reproducing, importing, distributing and selling 12 original and revised editions of textbooks that they have earlier illegally sold to Department of Education

  5. Regular post

    CNN Philippines sacks more than 90 employees – January 12, 2018

    Link: https://www.bulatlat.com/2018/01/12/cnn-philippines-sacks-90-employees/

    CNN terminated about a hundred regular employees on the basis of “right-sizing”, with the vacated positions being redundant. This is not the first time that this happened, as 70 CNN employees were also fired in 2015 for the same reason.

    The Talents Association of GMA (TAG) and the National Union of Journalists of the Philippines (NUJP) expressed their support on the employees. TAG mentioned issues the media workers are facing, which include “contractualization, no security of tenure, lack of benefits, and termination of veteran journalists without basis”. NUJP recognized the old and emerging threats faced by media employees and urged the journalists to organize and protect their rights.

    Workers have the right to be regularized for necessary and desirable work after 6 continuous months or 12 months if not continuous. Upon regularization, one cannot be terminated without sufficient cause.

  6. Bonus post

    Not even Alex Gonzaga was spared by copyright rules – April 16, 2018

    Link: http://www.interaksyon.com/breaking-news/2018/04/16/124678/alex-gonzaga-video-facebook-copyright/

    Facebook removed Alex Gonzaga’s parody video of Ariana Grande’s song, “Into You”. The video shows Alex lip-syncing to Ariana’s music on the streets of Manila. The whole song was used, without altering anything from the original copyrighted work by Ariana Grande. Additionally, the Filipino actress did not ask for the owner’s permission when she used the music.

    Musical composition is an example of a protected work, and its use without any permission is a violation of intellectual property rights.

  7. Regular Post

    GMA Network workers win regularization case at Court of Appeals – 26 February 2019

    Source: https://www.rappler.com/nation/224410-court-appeals-decision-gma7-workers-regularization-case

    “Media workers of broadcast giant GMA Network won their regularization case at the Court of Appeals (CA). In a decision promulgated on February 20, the CA’s Special 14th Division junked the petition of GMA and its CEO Felipe L. Gozon to nullify earlier decisions of the labor commission that declared the workers as regular employees.” It should be noted that in 2015 and 2016, the employees were declared and affirmed as regular employees by the National Labor Relations Commission (NLRC). The 101 media workers were called “talents” by the network, but their contracts were continually renewed for many years. The CA stated, “The successive renewals of private respondents’ contract indicated the necessity and desirability of their work in the usual course of petitioner GMA and this has been affirmed by jurisprudence.” In addition, it ruled that “an employee-employer relationship existed between the network and the workers, whose positions ranged from writers, researchers, and producers.”

    “In 2017, the NLRC ruled that the fired workers were illegally dismissed. GMA has reinstated them according to the order of the labor commission.”

    The fact that these workers’ contracts were continually renewed – some even as long as ten years – points out that the work they do – as writers, researchers, and producers – is necessary and desirable to the company’s usual business. That being said, they must be considered regular workers and must have the right to security of tenure, so they cannot be dismissed without justifiable reasons.

  8. Bonus Post on Rights as Content-Creators (Intellectual Property Rights)

    ABS-CBN seeks copyright infringement damages in Canada – 9 May 2018

    Source: https://news.abs-cbn.com/business/05/09/18/abs-cbn-seeks-copyright-infringement-damages-in-canada

    ABS-CBN sought “5 million Canadian dollars (Php 200 million) in damages from an Ontario based retailer for alleged copyright infringement”. Concerned ABS-CBN customers notified the network of Dazcon Inc.’s “alleged illegal showing of its movie and TV properties on set-top boxes”, and the network was able to confirm the illicit activities. Raymund Abog, the country manager of ABS-CBN Canada, commended the consumers who reported the illegal activities, stating, “their action will help prevent content pirates from profiting illegally on unsuspecting consumers.”

    ABS-CBN’s movies and television shows are owned by the network and are protected by the copyright law. Showing these without asking for the network’s permission – which Dazcon Inc. did – is a violation of the law.

  9. Rights of Media Workers

    Chiz Escudero to file bill on 12-hour workday for TV, movie workers

    SOURCE: https://www.rappler.com/entertainment/news/126040-chiz-escudero-file-bill-12-hour-work-day-media

    The vice presidential Chiz Escudero seeks to fill the gap in the Labor Code that doesn’t provide normal hours of work for media employees last March 16, 2016

    Senator Chiz Escudero said that he will file a bill that limits media employees’ working hours to 12 hours. “Workers in the film, television, movie, and other forms of media spend unreasonable number of hours of work, which is not only inhumane but detrimental to their health” he said. He made the proposal of the bill after the outcry from media workers about their long working hours, triggered by the sudden deaths of directors Wenn Deramas and Francis Pasion. “The successive deaths of these directors should serve as a wake-up call. We should push for a more reasonable schedule for industry workers who normally work16 to 18 hours a day” Escudero added.

    According to Labor Code Article 83: ‘the normal hours of work of an employee shall not exceed eight hours a day.’ Hence, the law doesn’t apply to those field personnels, who must regularly perform their duties outside an office and whose hours of work can’t be determined with reasonable certainty. But, for those jobs who exceed the 8-hour work day, DOLE released Department Advisory Number 22, series of 2004, which states that “Unless there is a more favorable practice existing in the firm, work beyond 8 hours will not be compensable by overtime premium, provided the total number of hours worked per day shall not exceed 12 hours. In any case, any work performed beyond 12 hours a day or 48 hours a week shall be subject to overtime premium.” Moreover, regardless of what job a person has, he deserves to rest and be able to have a healthy lifestyle. Thus, exceeding the given working hours must be paid properly.

  10. Regular Post

    Rights of Media Workers: Media Workers’ Employment Conditions, Media Employees’ Rights, Media Employees’ Responsibilities

    TV5 union, management in deadlock over wage, labor rights

    MANILA – Outside the newly built TV5 Media Center in Reliance, Mandaluyong, scores of employees and supporters held a picket, March 4.
    Members of the ABC Employees’ Union (ABCEU) are calling on the management to “negotiate” and not dictate the terms for the new Collective Bargaining Agreement (CBA).

    SOURCE: https://www.bulatlat.com/2016/03/05/tv5-union-management-in-deadlock-over-wage-labor-rights/

    Workers have the right to self-organization and collective bargaining, that is, employees are allowed to form or join any legitimate workers’ union free from the interference of their employer or the government. Additionally, the union can also enter into collective bargaining to fix and agree upon the terms and conditions of employment.

    In this instance, the right of the media workers of TV5 to self-organize has been recognized as evidenced by the existence of the ABCEU. However, if the employer does not want to negotiate the terms of a Collective Bargaining Agreement, this right is effectively being withheld from them.

  11. Bonus Post

    Rights as content-creators

    Photographer claims his photo was used in SONA video without permission, credit

    The photojournalist whose work was featured during President Rodrigo Duterte’s third State of the Nation Address called out RTVM out on Facebook saying his photo was used without his permission.

    SOURCE: interaksyon.com/breaking-news/2018/07/24/131137/photographer-claims-his-photo-was-used-in-sona-video-without-permission-credit/

    The Intellectual Property Code of the Philippines classifies photographic works as “literary and artistic” as such, they are protected from the moment of their creation by the author. Improper, or in this case, a complete lack of attribution infringed on the photojournalist’s right to the work.

  12. Regular Post

    News Article: NUJP calls for better conditions, job security for media workers
    Source: https://www.philstar.com/headlines/2018/01/19/1779310/nujp-calls-better-conditions-job-security-media-workers

    On January 19, 2018, the Philippine Star reported that the National Union of Journalists of the Philippines (NUJP) called for better working conditions and job security in response to the threat of InterAksyon.com closing down. The NUJP stated that numerous media workers stand the chance of losing their jobs due to the tendency of media conglomerates to deny such employees the right of security of tenure to save on expenses. Furthermore, the NUJP voiced their concern for media workers’ lack of benefits such as SSS, Pag-Ibig, Philhealth, and 13th month pay, with media workers not belonging to a union being most vulnerable of termination.

    This happened in the same week that the SEC revoked Rappler’s registration to operate. The Justice Department also ordered the NBI to look into other potential cases against Rappler.

    Media workers have the right to be regularized after 6 months of continuous work. Moreover, they must not be charged if they are carrying out their investigative duties, serving as watchdogs, and reporting on the workings of government and society.

  13. Bonus Post

    Baguio resto freed from infringement of intellectual property rights
    Source: https://www.sunstar.com.ph/article/143754

    In a decision April 19, 2017, the Regional Trial Court Branch 6 affirmed the its earlier decision that Sizzling Plate, operated by Anrey Inc., has not infringed upon the intellectual property rights of Filipino Society of Composers, Authors and Publishers, Inc., (Filscap).

    Filscap accused Anrey Inc. of copyright infringement when one of its three branches used radio with extended speakers to broadcast music played over a local radio station.

    Anrey refused and instead filed an instant case and demanded the payment of around 500,000 pesos as nominal damages, compensatory damages, and attorney’s fees.

    The court ruled that Anrey Inc. cannot be said to have infringed copyright law because it was not charging any admission fee in publicly playing songs through the radio.

  14. Bonus Post
    News Article: Illegal Japanese manga site manager arrested in the Philippines
    Source: https://news.abs-cbn.com/news/07/09/19/illegal-japanese-manga-site-manager-arrested-in-the-philippines

    July 9, 2019

    Romi Hoshino, manager of “Manga Mura” (Manga village), was arrested in the Manila airport after the Japanese embassy in Manila sought help in locating him. Manga Mura was a popular manga website which made around 60,000 of these Japanese graphic novels readily available to the public. Manga publishers in Japan lost about $2.94 billion in potential revenues over a six-month period due to the existence of Manga Mura. The damage was so great that the Japanese government even had to create a task force to put an end to Manga Mura.

    Manga Mura was a glaring example of copyright infringement. The website shut down on its own in April of last year as the Japanese government began a witch-hunt for its founder.

  15. Regular Post

    Rights of Media Workers: Media Workers’ Employment Conditions, Media Employees’ Rights, Media Employees’ Responsibilities

    “ACT-CIS, PTFoMS push for protection of media workers”
    Source: https://www.pna.gov.ph/articles/1075219

    ACT-CIS Partylist filed the Media Workers Welfare Act bill citing the lack of laws protecting the rights of media workers. Citing a specific case, “media talents are treated as disposable and since they are never regularized, they also do not qualify for the promotion,” Taduran said.

    In ABS-CBN vs. Nazareno et. al, it was highlighted that under the Labor Code, workers including media workers “shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.” Therefore, if the works of these media talents are performing activities that are necessary or desirable in the company, they should be regularized. The Labor Code also provides that regularization of employees is set after six months after continuous work or one year if not continuous.

  16. Regular post

    News : Egco junks media regulation, pushes for media workers’ rights

    Source : https://www.pna.gov.ph/articles/1042754

    BAGUIO CITY – Presidential Task Force on Media Security (PTFoMS) Executive Director Joel Sy Egco said addressing the security issues of the media must involve improving their living conditions without resorting to either “regulation” or “accreditation”, which, he stressed, are both “wrong.”

    Undersecretary Egco, in a recorded interview here last July 20, cited the need to strengthen the industry and remove the vulnerabilities that media workers face.

    In sharing his views on “labor issues” besetting the media, Egco said his desire as a former media leader himself is to give dignity to the profession by strengthening the industry and addressing vulnerabilities.

    “Ayaw ko ng regulation, mediaman din ako eh (I am also a mediaman, I do not want regulation),” he categorically said in a brief talk with reporters during the PTFoMS “Seminar on the implementation of the Operational Guidelines of Administrative Order 1.”

    AO 1, which was signed by President Rodrigo Duterte on Oct. 11, 2016, created the PTFoMS to address violations of the right to life, liberty and security of the members of the media.

    Egco rose from the ranks as a cub reporter to becoming assignments editor and chief of reporters of The Manila Times.

    Prior to joining the government, he was president of the National Press Club.

    “How do we address those vulnerabilities para patibayin yung industry. Hindi para alisin yung mga tao pero para patibayin, lagyan mo ng dignidad yung profession (How do we address those vulnerabilities so that we can strengthen the industry? Not to remove or terminate people, but to dignify the profession),” Egco reiterated.

    During the interview, one Baguio reporter noted that the issue on salaries and wages that media practitioners receive may make them susceptible to “corruption” and “politics”, which may endanger themselves.

    Egco cited an old bill in Congress, the Magna Carta for Journalists, which never prospered for reportedly being outrightly unacceptable.

    “Dati may Magna Carta for journalists, tinurn-down natin. Why? Walang nakasaad kung magkano ang sweldo. Nire-regulate [ang industriya], ayaw ko din yun (Before there was a Magna Carta for journalists which we turned down because it did not mention the salaries. Regulating, I don’t want that too),” he added.

    “Hindi mo pwedeng sabihin kung sino lang mag-practice, accredit or not accredit. (You cannot dictate who can practice, accredit or not accredit.) That’s wrong!,” he said.

    Learning from past failures where “regulation” was used to professionalize the media, Egco said he will propose to media experts and other partners in the industry a “classifying examination” to evaluate the wages and benefits package commensurate to the experience and skills level of the media worker.

    The “evaluation” may be done bi-annually so that there would be enough time for training before retaking the said test until a media worker has attained the highest skill certification.

    He said there will be no passers or flunkers since all takers would be deemed qualified.

    “Wala namang bagsak sa test eh pero makikita ang skills mo, made-define na natin yung mga benefits at saka classification. That’s professionalizing our ranks (There will be no failing grade, but the exam will show your skills and will define your benefits and classification),” Egco said.

    He likened it to the salary grade of those in government where a skill has an equivalent position that determines salary grades.

    “Walang babagsak sa exam, ika-classify ka lang (to determine what package of benefits is commensurate). Ganun lang naman yun, malalaman mo kung saan ka nararapat (You will know where you should be),” Egco added.

    He said he envisions “all journalists in the Philippines to be of high, world-class standards.”

    Egco noted that media work is not an “8 to 5” job, and that it should be rated at par with the level of professionals like doctors and lawyers.

    When asked if the plan would be effective in addressing the issue of fly-by-night or “hao-shiao” media, Egco replied: “Yung mga hao-shiao, yung sinasabing pinabili lang ng suka, mawawala na yun pero may mga hao-shiao na kukuha ng exam, hindi mo mapagbawal yan. Kung pumasa, eh hindi na siya hao-shiao (The ‘hao-shiao’, who are referred to as those sent to buy vinegar and immediately became media practitioners, will no longer exist as they too can take the exam without prohibition to classify them and remove the hao-shiao tag).” (PNA)

  17. Bunos post

    News : LOOK: EX BATTALION RELEASES OFFICIAL STATEMENT REGARDING “HAYAAN MO SILA” COPYRIGHT ISSUE!

    Source : https://www.google.com/amp/s/myx.abs-cbn.com/amp/features/13793/look-ex-battalion-releases-statement-regarding-h

    Filipino rap group Ex Battalion released an official statement regarding the current copyright issue that their song “Hayaan Mo Sila” featuring O.C. Dawgs is facing.

    Over a day ago, YouTube took down the song’s official music video due to the copyright claim of Beats by Diamond Style Productions. Some netizens speculate that the rap group allegedly stole the beats in Diamond Style’s “One Kiss”.

    However, ExB explained that they did not steal anything from the said beat production group and they paid the beat before using it on their song.

    On their statement, they explained “lumampas na kami sa limitasyon na binayaran namin sa gumawa ng beat dahil na siguro sa dami ng nakinig, naniwala, at tumangkilik sa kanta. Kaya humihingi muli ng karagdagang bayad ang gumawa. Sa madaling salita, hindi nawala ang “Hayaan Mo Sila” MV nang dahil sa mga pinaparatang n’yong pagnanakaw.”

  18. Regular Post
    Chiz Escudero to file bill on 12-hour workday for TV, movie workers

    source: https://www.rappler.com/entertainment/news/126040-chiz-escudero-file-bill-12-hour-work-day-media

    MANILA, Philippines – Senator Francis “Chiz” Escudero said he will file a bill that seeks to limit the work hours of media employees to 12 hours. (READ: Directors, actors speak out vs long movie, TV working hours)

    “Workers in the film, television, movie, and other forms of media spend unreasonable number of hours of work, which is not only inhumane but detrimental to their health,” Chiz, the husband of actress Heart Evangelista, said in a statement.

    The workers in the film and TV industry has revealed that they usually work for 24 hours straight during shoots, which is illegal because according to the Article 83 of the Labor Code, “The normal hours of work of any employee shall not exceed eight (8) hours a day.” It shows that the workers have been overworked and as of i know they aren’t usually paid with the right amount.

  19. BONUS POST

    Jeffree Star accused Filipina vlogger Michelle Dy of stealing his copyrighted series–August 1, 2018

    SOURCE:https://preen.inquirer.net/79854/jeffree-star-accused-filipina-vlogger-michelle-dy-of-stealing-his-copyrighted-series

    Jeffree Star, an American Youtuber called out Michelle Dy, a Filipina Youtuber, for allegedly copying his “Approved” series–a series where he basically tests out different beauty products. On his Instagram Stories, Jeffree said “a vlogger who’s not known in America” copied his idea. He also mentioned on it that the “Jeffree Star Approved” concept and badge is copyrighted in the US. Also, on one of Michelle’s videos, he wrote, “Stealing my ‘Approved’ series and trademarked title is pathetic. My lawyer will reach out to you shortly.”

    Michelle Dy later on apologized. “I would like to sincerely apologize to Jeffree Star if any way or another, I may have violated your trademark,” she said on Twitter. She also took the video in question down.

    This is an example of copyright infringement because if Jeffree’s concept is truly a copyrighted material, using it without his permission and/or creating an adaptation of it is illegal. Jeffree has the sole right to make and distribute copies of it and perform and display it publicly.

  20. REGULAR POST

    Eddie Garcia’s partner Lilibeth Romero: GMA-7 should have made working environment safe
    September 23, 2019

    SOURCE:https://www.rappler.com/entertainment/news/240852-eddie-garcia-partner-lilibeth-romero-hits-gma-7-safe-working-conditions-showbiz

    “Categorically, I state that Eddie Garcia’s death was caused by gross negligence and unsafe working environment and the absence of a medical team on the set,” Lilibeth Romero, the longtime partner of the late Eddie Garcia, said on September 23, 2019 at a Senate hearing on occupational safety and health standards.

    “Unfortunately, TV network GMA should have made the working environment of the 90-year-old Eddie Garcia safe for him to work, more so in an episode or scene that called for a shooting, fight, or a stunt ‘barilan’ scene,” she also said.

    On June 20, 2019, Eddie Garcia died days after he tripped over a cable while taping for what was then the upcoming GMA-7 teleserye Rosang Agimat. He fractured his cervical spine and was in a coma for several days before he passed away.

    This is an example of a case that talks about the rights of media practitioners, media companies’ employees’ right to work in a safe and healthy environment, in particular.

  21. REGULAR POST

    GMA Network workers win regularization case at Court of Appeals
    FEBRUARY 26, 2019

    Source: https://www.rappler.com/nation/224410-court-appeals-decision-gma7-workers-regularization-case

    ‘After review of the records, we reach the conclusion that the private respondents are regular employees of petitioner GMA,’ says the CA’s Special 14th Division. Media workers of broadcast giant GMA Network won their regularization case at the Court of Appeals (CA). In a decision promulgated on February 20, the CA’s Special 14th Division junked the petition of GMA and its CEO Felipe L. Gozon to nullify earlier decisions of the labor commission that declared the workers as regular employees.

    “After review of the records, we reach the conclusion that the private respondents are regular employees of petitioner GMA,” said the CA in the 19-page decision written by Associate Justice Zenaida Galapate Laguilles with concurrences from associate justices Mario Lopez and Gabriel Robeniol. The appellate court declared 101 media workers of GMA Network as regular employees. The network called the workers “talents” whose contracts were continually renewed over a course of period, some even as long as 10 years. In 2015 and 2016, the National Labor Relations Commission (NLRC) declared and affirmed that those workers were regular employees.

    The workers have organized themselves to be the Talents Association of GMA or TAG, some of which were fired by the network when the case started. In 2017, the NLRC ruled that the fired workers were illegally dismissed. GMA has reinstated them according to the order of the labor commission.

  22. BONUS POST

    Chinese printing firm ordered to pay P24.7-M for copyright infringement

    SOURCE: https://newsinfo.inquirer.net/951130/chinese-printing-firm-ordered-to-pay-p24-7-m-for-copyright-infringement#ixzz64T7I4WDL

    The Manila City Metropolitan Trial court found a Chinese firm and three local partners guilty of copyright infringement and ordered them to pay P24.7 million to a Filipino publisher. Branch 24 Presiding Judge Ma. Victoria A. Soriano-Villadolid issued a decision on Dec. 8 granting St. Mary’s Publishing Corp. (SMPC) and owner Jerry Vicente S. Catabijan’s copyright infringement complaint against Fujian New Technology Color Making and Printing Company, LTD (Fujian); M.Y. Intercontinental Trading Corp. (MITC), its owner Tedwin T. Uy; and Allianz Marketing and Publishing Corp. (Allianz).

    According to the 35-page decision of the court, Judge Villadolid required MITC, Uy, Allianz and Fujian to pay a total amount of P24,695,830, including P18.06 million in actual damages, P1 million in moral damages, P2 million in exemplary damages, P500,000 in attorney’s fees and P3,135,000 million in costs of suit.

    “Wherefore, premises considered, defendants M.Y. International Trading Corporation, Tedwin T. Uy, Fujian New Technology Color Making and Printing Company, Ltd., and Allianz Marketing and Publishing Corporation are hereby ordered to: Desist from printing, copying, importing, revising, distributing, reproducing, promoting, and selling (of the subject) textbooks and copies thereof including copies of the Revised Editions or other formatted version of said works,” ruled Judge Villadolid.

    The case was filed after a printing contract was signed between SMPC and Fujian. However, Fujian did not deliver the printed books to SMPC, but to its local partners. Fujian then issued MITC “The Authority to Enter into Contract to Market and to Sell the textbooks.” Allianz, meanwhile, imported the textbooks from China to Philippines.

  23. REGULAR POST

    NUJP calls for better conditions, job security for media workers

    “The National Union of Journalists of the Philippines on Friday called for better work conditions and job security for media workers amid reports of a possible closure of news website InterAksyon.com.”

    Source: https://www.philstar.com/headlines/2018/01/19/1779310/nujp-calls-better-conditions-job-security-media-workers

    As noted by the NUJP, many media workers are often treated as “disposable resources” by media companies, not receiving their constitutionally mandated benefits and compensation. The NUJP is one of the many organizations combating unfair labor practices in the field of media practice, especially for journalists who already face various threats to their job security by repeated attacks on press freedom by those in positions of power.

  24. BONUS POST

    Plagiarized campaign jingles

    “While the campaign strategists may be congratulating themselves for producing those materials, the songwriters concerned can only shake their heads in frustration over the blatant theft and misuse of the products of their musical or artistic genius.
    […] the continued violation of copyright may be attributed to the inadequate or poor enforcement of our copyright laws.”

    Source: https://business.inquirer.net/269494/plagiarized-campaign-jingles

    Though many would believe that campaign jingles with altered lyrics falls under fair use, that is not actually the case. In order for a work to fall under fair use, it has to comment or criticize the original work it is copying. Though one may consider these jingles as humorous because of the laughable way candidates will twist the narrative to promote themselves, they are not humorous in regards to the original work, meaning they do not fall under “parody.” They are plagiarized works, and therefore acts of theft—one which songwriters and songwriter unions have been protesting against for as long as these works have existed but the government still refuses to do something about.

  25. Regular Post

    Rights of Media Workers: Media Workers’ Employment Conditions, Media Employees’ Rights, Media Employees’ Responsibilities

    Bill pushes for standard, higher monthly pay for media workers – August 2019
    Source: https://newsinfo.inquirer.net/1148897/bill-pushes-for-standard-higher-monthly-pay-for-media-workers

    MANILA, Philippines — A bill that seeks to give a minimum monthly compensation and additional insurance benefits for media workers has been filed in the House of Representatives.
    Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) Rep. Rowena Niña Taduran filed House Bill No. 2476 or a proposed law “providing enhanced protection, security, and benefits for media workers.” It was referred to the House committee on labor and employment last July 30.

    “Media workers, despite being part of the labor force, are, more often than not, left to fend for themselves especially when making danger-filled reportages… the least that we can do to show that we recognize (their contribution)… is to give them their economic due and added protection under the law,” Taduran said in her explanatory note of the bill.

    Section 7 of the bill also states that “stability of employment and security of tenure shall be assured the media workers as provided under existing laws.”

    “Napaka-importante ng security of tenure, kung tayo nga, sumbungan ng bayan, nilalapitan ng taumbayan, tayo ang boses pero bakit tayo mismo inaapi when it comes to sweldo?… Di nila alam tayo nga yung kasama sa exploited workers,” Taduran, a former media practitioner, said in a press conference on Thursday.

    HB 2476 also creates the Commission on Press Freedom and Media Security (CPFMS) under the Presidential Communications Operations Office (PCOO) that would be responsible for creating a database of all media workers, conducting training and seminars, and crafting and lobbying for media laws.

  26. Bonus Post

    Rights as Content-Creators

    ABS-CBN files $5-M lawsuit in Canada for copyright infringement – March 2017
    Source: https://news.abs-cbn.com/business/03/31/17/abs-cbn-files-5-m-lawsuit-in-canada-for-copyright-infringement

    ABS-CBN Corp, the country’s leading media and entertainment company, filed a $5 million lawsuit on Thursday in the Canadian Federal Court against a couple for copyright and trademark infringement of the company’s copyrighted works. 

    The lawsuit alleges that Ed Casinillo and Roxy Gonzales sold set-top boxes that were manually programmed by Casinillo to enable buyers to access ABS-CBN copyrighted movies and TV shows. 

    A photo in Casinillo’s Facebook account shows Gonzales delivering these boxes to his customers.

    “These customers were participating in this illegal activity by paying Casinillo and giving Casinillo access to their credit card information,” Lawrence said.

    David Lipkus, counsel for ABS-CBN in Canada, said, “The law in Canada is clear that providing services primarily for the purpose of enabling acts of copyright infringement is not allowed. ABS-CBN will continue to take whatever steps are necessary to stop the distribution of these unauthorized set-top boxes. 

    “By now, I think pirates are aware that we are dead serious in implementing the zero tolerance policy of ABS-CBN COO Raffy Lopez when it comes to our anti-piracy efforts,” said ABS-CBN Canada Country Manager Jun Del Rosario. 

    “We will not let any scammer or pirate compromise the quality of our content, our distribution platforms and viewing experience, and our brand so that they can enrich themselves illegally. We will protect our property and aggressively pursue these criminals.”

  27. Regular post:

    Rights of Media Workers: NUJP calls for better conditions, job security for media workers

    https://www.philstar.com/headlines/2018/01/19/1779310/nujp-calls-better-conditions-job-security-media-workers#2P3TyyK8d6ovofHp.99

    MANILA, Philippines — The National Union of Journalists of the Philippines on Friday called for better work conditions and job security for media workers amid reports of a possible closure of news website InterAksyon.com.

    NUJP said the potential shutting down of InterAksyon would be “one credible voice lost in a sea of deception.” Media has been grappling in recent years with the phenomenon of “fake news” — propaganda and misinformation made to seem like legitimate news — in recent years.

    “At least 20 of our colleagues stand to lose their jobs, joining hundreds of other journalists and media workers who were terminated by other media outfits due to ‘right-sizing’, a euphemism used to rob employees of their right to security of tenure for the sake of companies’ finances,” NUJP said in a statement on Friday.

    Philstar Global Corp. CEO Kevin Belmonte said on Thursday, however, that MediaQuest management is “currently studying its options for the future of Interaksyon.”

    Philstar Global Corp. which runs Philstar.com, is the online arm of Philstar Media Group, where PLDT chair and CEO Manuel Pangilinan’s MediaQuest has a controlling stake. The group includes leading broadsheet The Philippine STAR and top business newspaper BusinessWorld.

  28. Bonus Post

    Copyright rules: Not even Alex Gonzaga was spared by copyright rules
    http://www.interaksyon.com/breaking-news/2018/04/16/124678/alex-gonzaga-video-facebook-copyright/

    Kapamilya actress Alex Gonzaga’s parody video of Ariana Grande’s “Into You” single was apparently taken down on Facebook after being reported for copyright issues.

    On April 10, the TV personality posted on Twitter a screenshot of a Facebook message informing her that her video had been removed after being reported for copyright reasons.

    Generally, Facebook provides an option for its users to report any content, like a video, they consider to violate the rights of others, in this case, copyright laws.

    The viral spoof follows Gonzaga lip syncing Grande’s popular song while cavorting with the locals in Manila. She introduces the video with a message that admits she knew the music is not hers in the first place.

    “This is for old time’s sake. Remember when we used to play piko? So please YouTube, Ariana, and the people, don’t delete this video,” the disclaimer read.

    Despite such message, a third-party complainant still reported the video. The party must have assumed that the Kapamilya host used the copyrighted work of another artist for her own video without the owner’s permission.

    Copyright is the legal right of any person over his or her own work, which includes visual, audio and written works. For Facebook, copyright infringement happens if you copy or distribute the works of another, or used another person’s work to create your own. This covers even a video recording which captures some background music that’s copyrighted.

    Facebook can immediately remove a video you posted without contacting you if it has been reported to contain another party’s copyrighted work. Facebook will only notify you after the video has been removed.

    “It’s generally a good idea to get permission before posting content, and to get that permission in writing. Please note that Facebook can’t help you obtain permission to use copyrighted content,” Facebook explained in the the policy.

  29. Regular Post

    Rights of Media Workers: Media Workers’ Employment Conditions, Media Employees’ Rights, Media Employees’ Responsibilities

    ABS-CBN Davao terminates a dozen employees, talents – May 23, 2018
    Source: https://newsline.ph/top-stories/2018/05/23/abs-cbn-davao-terminates-a-dozen-employees-talents/

    DAVAO CITY (May 23) — Tears and uncertainty greeted over a dozen of ABS-CBN Davao regular employees and talents Tuesday, after they were told, their employment is only good until June 30, 2018.
    The television giant cited redundancy and digitalization, as the reasons.
    Terminated employees include television and radio reporters, at least two occupy high positions.
    One of the affected employees told Newsline.ph they were offered a huge sum, which could provide a good business start-up.
    The employee stressed “Yes, the retirement pay is good, but after this, where do we go, we have children who are still studying?.
    The source said, Human Resource officials from Manila called them to report to the ABS-CBN Davao office Tuesday morning, a request they honored. But they got the shock of their lives, when they were told, they have to go. Checks s were already prepared for them.
    All production staff would just have to say goodbye to their works and followers, as everyone goes.
    Only a handful of radio reporters will be left after June 30.
    Since January, over 100 journalist lost job in the country due to “resizing and digitalization.”

    It can be recalled, CNN Philippines and TV5, also cited redundancy and digitalization as reasons in terminating employees early of the same year.
    Workers play a significant role in pushing for the rights to humane conditions at work, basic wages and organized acts including collective bargaining and unionism
    The media giant should recognize these basic rights of workers in all industries, and we are committed to protect and defend these rights

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