The Philippines is the only country in Southeast Asia that has a provision for resale rights; however, it has not been able to successfully enforce the provision in favor of the artists or the copyright-holders since the IP Code’s creation in 1997. This information is based on an informal survey conducted by FILVADRO between 2008 and 2011 among its constituents.
The contested provision is Section 200 titled “Sale or Lease of Work” which states that: “In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of five percent (5%). This right shall exist during the lifetime of the author and for fifty (50) years after his death.”
FILVADRO crafted its proposed amendments to Section 200 of the IP Code based on the existing practices in the United Kingdom and Australia with regard to resale rights. The proposed amendments include the identification of the liable individuals who shall pay for the resale rights, mandatory reporting of a resale transaction to FILVADRO, and the assertion that resale royalty is a debt due to the visual artists or the copyright-holders.
An update on the proposed amendments to the copyright law is one of the agenda on FILVADRO's first annual general assembly for its members on July 28, 2012 in the Pearl Room of the Stonehouse Bed and Breakfast along E. Rodriguez in Quezon City at 1:00 p.m. The theme of the gathering is “Miting Pang-Abanse,” which has been inspired by the popular election phrase “Miting de Avance.”
FILVADRO’s “Miting Pang-Abanse” includes the election of the new Board of Trustees, voting of members to amend the organization’s Articles of Incorporation and By-Laws, a report on the 2011 accomplishments, and a discussion of future plans.
Atty. Ricardo Blancaflor, Director General of the Intellectual Property Office of the Philippines (IP Philippines) and Felipe de Leon, chair of the National Commission for Culture and the Arts (NCCA) are the guests of honor of the “Miting Pang-Abanse.”
The current Board of Trustees consists of Karen Ocampo Flores who is the organization's president; Rita Badilla-Gudiño who is the vice president; Grace Dimaranan, corporate secretary; Tina Colayco, treasurer; Yael Buencamino-Borromeo, vice treasurer; Josephine Turalba; Egai Talusan Fernandez; Emmanuel Garibay and; Noel Soler Cuizon.
Other FILVADRO members include Ambie Abaño, Susan Abrera, Rolando Acuña, Ana Rhea Adonis, Nunelucio Alvarado, Eric Ambata, Maria Eugene Aniar, John Paul Antido, Cruzaldo Arbozo, Adjani Arumpac, Cynthia Atud, Virgilio Aviado, Jose Badelles, Recci Bacolor, Rogger Basco, Christopher Bayani, Bernard Bertumen, Jenica April Cahayom, Imelda Cajipe Endaya, Jeffrey Carnay, Delfin Castro Jr., Jason Christopher Castro, Clarissa Chikiamco, Salvador Ching, Joey Cobcobo, Salvador Concovar, Marika Constantino, Olivia D’Aboville, Camille Dagal, Maria Venus Dante, Nadya Melina David, Don Reich De Dios, Iris Joy Deganos, Fil Delacruz, Jan Olympus Delacruz, Sheila Rose dela Paz, Jocelyn Diaz, Jemimah Grace Dumawal, Daniel Enriquez, Noell EL Farol, Arvi Fetalvero, Jemima Keren Flaminiano, Noel Flores, Jade Ellaine Gadin, Genaro Gomez Sr., Maria Lourdes Inosanto, Raul Isidro, David Justimbaste, Jerry Jimenez, Marisa Laudinez, Alfredo Liongoren, Manuel Lumbao, Meneer Marcelo, Angelo Magno, Raymund Malicay, Frances Nicole Manzanero, Dalisay Mendez, Ma. Rowena Monsale, Maria Francesca Nacionales, Marcus Nada, Gerry Navilon, Othoniel Neri, Eden Ocampo, J Pacena II, Darryl Pagulong, Dantes Palmes, Noel Pama, Lala Pavilando, Josefina Pineda, Al Perez, Stacey Kate Posion, Azenith Elaine Ramirez, Jocelyn Ramos, Dan Antonio Recalde, Ma. Rhoda Recto, Mitzi Marie Reyes, Kirby Roxas, Mutya Sambile, Rogelio Santos, Fidel Sarmiento, Bru Sim, Judy Talan, Daniel Tayona, AJ Tolentino, Lia Torralba, Nikki Tucay, Josephine Turalba, Wesley Valenzuela, Andrei Venal, and Rhener Griego Vive.
IP Philippines, the World Intellectual Property Office (WIPO), the NCCA and the Cultural Center of the Philippines (CCP) recognize FILVADRO as the Philippine collective management organization for visual arts and design. The Norwegian Copyright Development Association (NORCODE) provides financial support to the organization.