How to Make a Living from Music in the Philippines

Last week, I participated in a WIPO-IPOPHL seminar on 'How to Make a Living from Music'.

The key lecturer was Mr. David Stopps, author of the book with the same name. Stopps has had a long experience in music management in the UK, having worked with some of very best acts in the world like U2, the Police and David Bowie among many others.

What Stopps discussed were both familiar and new. Conceptually, I had been trained to understand copyright and collective management to the closest detail. But Stopps was able to drive the nail home by talking about his real-life experiences and how he witnessed independent artists earn income in so many different ways, as long as intellectual property was respected and complied with. 

Stopps discussed how music is placed in advertisements, films, TV shows, video games, apps and others, earning royalty income for the artist and the producer. He also talked about making derivate income from selling merchandise and product placement during shows. 

This was very interesting stuff that reminded me of how much time and sacrifice we need to put in to elevate the Philippine music business up to that level. 

Mark Thursday Alciso of the Filipino Society of Composers, Authors and Publishers, Inc. (FILSCAP) talked about collective management of copyright and the challenges faced, including the unwillingness of businesses to pay license fees and the confusion caused by having several different organizations collect license fees for different rights over the same music.

Royalty collection also gets harder when one has to deal with large networks or organizations that have a ton of leverage. Artists in the Philippines seldom get paid for the use of their music in films, TV shows or advertisement, a common practice in more developed economies. What ought to be a significant source of income is reduced to zero and a shallow promise of 'artist exposure'... something they would get anyway whether or not they're paid.

Many other concerns were raised like the massive competition we get from foreign acts, the lack of radio airplay and the proliferation of substandard music in the mass market. 

In the end, we find ourselves back where we started. If we want this country to be a source of and a hub for great music, we need to make real changes in our understanding and respect for intellectual property and business. No more pushovers. No more compromise. As artists, we mean business.

_____

For those who missed the seminar, you may still benefit from David Stopp's experience by reading his book, published by the World Intellectual Property Organization (WIPO):

Download the PDF version of David's book from the WIPO Website

Is Copyright a Human Right?

Some writers are convinced that copyright is merely a statutory benefit -- that is, it cannot exist without the law.


Like many writers from Europe, however, I subscribe to the old world philosophy that copyright is a human right -- that it transcends business interests and embraces the sacred relationship between the creator and the creation -- the author and the work.


Although domestic laws and treaties do contain provisions on protecting intellectual property, they cannot be considered the ultimate source of these rights. They do not arise from agreements or legislation, but from human nature as creator.

Two important pieces of international law articulate this philosophy:


1. Article 27 (2) of The Universal Declaration of Human Rights (UDHR), known to be the document of authority for human rights, reads: 

Everyone has the right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author;

2. Article 15 (1) of The United Nations Covenant on Economic, Social and Cultural Rights (UNCESCR) also reads: 

The State Parties to the present Covenant recognize the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Like any other person of any other profession, artists, authors and scientists deserve to make a living from their talents. More importantly, they must be acknowledged as the creators of their work. 


So is copyright a human right? To give a yes or no answer to the issue would be a serious oversimplification that ignores the history and philosophy behind copyright.


The right answer would have to be "partially" -- copyright is partially a human right. At least in the Philippine legal system, it has to be understood this way. Why? Because our law fuses (or confuses) the concept of copyright in the civil law and the common law sense.


Civil law traditions treat copyright or author's rights (droit d'auteur to the French; Urheberrecht to the Germans) as a sacred bond between the author and the work. These rights form what we call in the Philippine IP Code as moral rights. Moral rights, particularly the right of paternity, ought to last forever (e.g. William Shakespeare's authorship to Hamlet will never expire by mere passage of time). 


This is the part of copyright which I am inclined to declare as a human right -- the right of paternity. Like any other human right, it is imprescriptible, inherent, inalienable and universal. Authorship, therefore, must be likened to a status rather than a right. For a right often disappears after the death of the owner while a status of paternity lasts forever.


So what is the right of Paternity? Section 193.1 of the Philippine IP Code describes it as 

the right 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 

The old intellectual property law (PD 49) correctly declared that the right of paternity lasts forever. The new law downgraded the right to last only for as long as the economic rights (generally the author's lifetime plus 50 years). This is unacceptable because it limits that part of copyright that is a human right. Today, a bill is being discussed in the Philippine House of Representatives to revert back to the old rule. I hope that the fruit of these discussions finds its way into law very soon.


Common law traditions, on the other hand, tend to focus on the economic benefits of copyright and how it can be used to generate wealth. In Philippine law, these are called economic rights. Economic rights necessarily last only for a certain period of time because they are only statutory grants used to secure a return on investment plus profits for the creator of a work and his or her heirs. 


This is the part of copyright that I consider merely a temporary grant by law, which may be removed or suspended for a greater public purpose. They are not imprescriptible, inherent, inalienable or universal. They, therefore, do not possess the essential characteristics of human rights. 


So here we have the Philippine copyright system. By way of Spain, we carry the long-standing traditions of civil law going back to the Roman Empire -- a philosophy which treats authorship with unique but well-deserved reverence. By way of America, we carry enterprising prowess of the common law tradition -- a philosophy grounded more on giving each creator a livelihood and a chance at survival. And somewhere in the middle of all this, we find ourselves still trying to figure out what to do with our inexhaustible creativity and how it can lift us up to better places. 


For now, we can rest better knowing that we do possess human rights as creators... Partially.

_____

For further reading:

See Mark Robert A. Dy, Teach the World to Sing: Restructuring Philippine Copyright Law under a Regime of Free Expression and Culture (2009) (unpublished J.D. Thesis, Ateneo de Manila University School of Law) (on file with the Ateneo Professional Schools Library). 

Sundown Caffeine featured in the Philippine Daily Inquirer (PDI), thanks to Nokia IAC

Here is the transcript of the original unedited interview:


What are the names of the band members?

Mark Robert Dy, "MRD" (vocals & rhythm guitar)
Conrado Cruz, "Conrad" (lead guitar)
Gerard Munsayac, "Gboy" (bass guitar)
Ian Joseph Alesna, "Ian" (drums)


How did you come up with the name of your band?

The band name emerged from our observation of Philippine cafe culture. People consume coffee or tea any time of the day, even late at night. It stops being about necessity, but true unapologetic desire. We think this is a perfect simile for our music. Like sundown caffeine, our music is something we take in not because we need to, but because we want to.


How long have you been a band?

The band was formed in Cebu back in 2004, but we only started playing with the new line-up in Manila last December 2008.


How would you describe your band's music? 

A combination of rock, blues and country, bent to suit Filipino island culture and taste.


What are you busy with now? 

We are busy arranging songs for our debut album release next year. We all have pretty tough day jobs, so it has been one monster of a balancing act.


What made you sign up at the IAC website?

A friend told us about it. What intrigued us enough to sign up as an IAC band is the fact that big corporations like Nokia are beginning to value independent artists who would, otherwise, never stand a chance against the muscle of the mainstream music industry.


What's one song that you play that you think people should hear? why? 

The song we're proudest of is Nine Rivers because of the simplicity and human-ness of its message. The song talks about making the tough effort to pick up the pieces and move on after a big tragedy... I'm pretty sure this is a sentiment anyone would be able to identify with.

You can see the music video of the song at: 
http://www.flippish.com/lss-sundown-caffeine/

If you like the song, please support us by voting at the Indyhits Website:http://www.bandpromote.com/votes.asp?BandID=525 

As of today, our song Nine Rivers is ranked number 12 out of 725 songs on the IndyHits Chart in Los Angeles, California.


Has being in the site given you more exposure?

Definitely. We are an independent band. This means you won't find our music in malls or record bars. IAC allows us to reach our audience directly without any direct cost to us. This is truly a gift from Nokia. Many people who listen to us today would never have known about our work, had it not been for sites like IAC.


How do you feel about bands using the Internet to market their music?

There's no stopping it. This is the future. Not only are we reaching a broader global audience, we are also saving a lot of paper, metal and plastic in the process. Green and global. If people use it right, the Internet can be a wonderful thing.


When are your next gigs? 

Our gig schedules change from time to time. You can check out our website for updates: www.sundowncaffeine.com 

Our next major gig will be the Island Rock Show 2: Speak Your Mind in November 14. This will happen at Checkpoint Louie's Bar in Paranaque. 


How else can people catch your band? 

Visit our official website at www.sundowncaffeine.com 


What's the best thing about being an indie band? 

Nobody tells you what to do, how you should do it, when you should do it or why.


Is there anything else you want to promote?

Support Independent Music. Support Nokia's Independent Artists Club.

Simply Great

To become truly great, one has to stand with people, not above them.

- CHARLES DE MONTESQUIEU

In this world of greed and inflated egos, this is a story that must be told so that we might remember that there are still wonderful people out there... that there are still gestures of greatness, no matter how seemingly simple for the originator.


This week, some people from work and I were doing the final edit of a WIPO Copyright Book. We wanted to "Filipinize" the book by changing the examples to suit Filipino culture and experience.


One of the examples in the book was a comic strip by a famous American cartoonist. We wanted to transform the page, and one thing instantly came to mind: Pugad Baboy by Pol Medina, Jr.


I was hesitant at first in asking Mr. Medina for permission to use one of his book covers for the publication. Nevertheless, we sent him an email and formally asked for his permission.


He replied and said "yes" immediately. We were ecstatic. 


And so that was that... or so we thought... 


Three hours later another email arrives... and lo and behold... Mr. Pol Medina, Jr. sent us a strip specially customized for IP Philippines.

This was so much more than we could ask for. He was able, to sum up in four boxes what the office has been trying to do for many decades.


Medina is one of the biggest names, if not the biggest, in the industry. He reportedly earns five figures each day for a single strip on the Philippine Daily Inquirer... and yet, with this single stroke, he obliterated the mystique that surrounded his person and his empire... his generosity and humility is something that just gives me goosebumps each time I think about it.


We don't need to save lives to be great. We don't need to die as martyrs or run for president to be remembered forever.


Sometimes, doing what you do every single day generously and with a humble heart is enough. This time, it truly was.


Mabuhay ka, Pol Medina, Jr.! Mabuhay ang Pugad Baboy!


To know more about the cartoon, see:
http://en.wikipedia.org/wiki/Pugad_Baboy

The Capiz Reflection: Traditional Knowledge and Indigenous Peoples' Rights

If This Is Your Land, Where Are Your Stories?

- J. EDWARD CHAMBERLIN

There is very little we know about ourselves in spite of the years and years of formal education we are compelled to accomplish... but ever so rarely, a moment comes when the horizon suddenly explodes into wide view for just a split second... and we are forever transformed by what greatness we see and what little we remember.

For me, this experience was not a first in its valuable components, but it was certainly a first in its combination. I have been an Indigenous Peoples' Rights Advocate for about five years now and an artist for much, much longer than that... but I never really had these two separate worlds fuse into a beautiful mesh of philosophical possibilities (this only goes to show how little we do with even the things we think we understand).

When you talk about Indigenous Peoples' Rights, one word immediately comes to mind: LAND. After that, everything else becomes a blur, an afterthought, a collateral matter. I fell into that same trap and found myself deprived of a wider area of understanding where I could have given more of myself. After all, what is land without the beliefs, the creations, the art, the epic tales, the science, the survival, the artifacts, the crafts and all that is produced by the minds of the dwellers of that land?

Human communities will never be limited to the physical act of building houses, planting crops and hunting game... All these things acquire meaning... all these things are jealously inseparable from human imagination. In every society, no matter how ancient, there will always a wealth of creativity... from the artisan, the alchemist, the healer, the inventor, the craftsman, the musician, the poet, the merchant, the weapon-smith, the carpenter, the builder, and even the town crier. 

The sun and the stars will never be just balls of flaming gas, but bodies that aid people in navigating through treacherous waters and explaining personalities, behavior and cosmic events... the land will never be just dirt, bugs, and roots but a sacred source of life, healing, and stability. Modern societies and religions reject these notions as "superstitious beliefs" and "heresies"... but today, in this chapter of global decay, this ancient wisdom and affinity to nature just might be what will save the human race.

Makes me think how ignorant we really are today.

When I entered IP Philippines to work, I feared one thing: that my advocacy for human rights would be in peril... that it would be just a pleasant memory (if not the only one) from my days as a law student. I tried to rationalize this by demonstrating that intellectual property is a human right (a fact that I think I proved in my graduate thesis... but was actually more of an attempt to convince myself). Then comes this opportunity... this gap in legal and philosophical understanding that allowed two of my great passions to step in together and shake my imagination.

I was humbled during these few days in Capiz... I was humbled by the T'boli weavers and musicians... by the Ati alchemists and the healers... by the Kalinga builders and percussionists. For these people, art and science have always been a part of life... not just source of cheap thrills. Everything I saw was celebration of hundreds of years of the diversity and unity of what we now know as the Filipino.  

After the reflection, comes the resolve. What I do with what I know must protect human creation... not only that which is new... but also the creativity that has been part of our history and heritage. We are who we are today because of these things... and only by looking back at them can we find a way to deeply know ourselves.

In the end, I had to step out of lawyer-mode to become part of the entire human experience of pure imagination. Doubts were kicked aside and disbelief was suspended. What I found humbled me and humbled me again as it expanded my mind further (and this didn't even involve Peyote).

Now it's time to come home, knowing that I am mounds richer today than I was a week ago. Thank you, Capiz.

A Bill of Rights for Songwriters & Composers

Created by ASCAP, the American Society of Composers, Authors and Publishers 

Original post at:

http://www.ascap.com/press/2008/0417_billofrights.aspx

Just as citizens of a nation must be educated about their rights to ensure that they are protected and upheld, so too must those who compose words and music know the rights that support their own acts of creation. Without these rights, which directly emanate from the U.S. Constitution, many who dream of focusing their talents and energies on music creation would be economically unable to do so – an outcome that would diminish artistic expression today and for future generations. 


At this time, when so many forces are seeking to diminish copyright protections and devalue artistic expression, this Bill of Rights for Songwriters and Composers looks to clarify the entitlements that every music creator enjoys. 

1. We have the right to be compensated for the use of our creative works, and share in the revenues that they generate.
2. We have the right to license our works and control the ways in which they are used.
3. We have the right to withhold permission for uses of our works on artistic, economic or philosophical grounds.
4. We have the right to protect our creative works to the fullest extent of the law from all forms of piracy, theft and unauthorized use, which deprive us of our right to earn a living based on our creativity.
5. We have the right to choose when and where our creative works may be used for free.
6. We have the right to develop, document and distribute our works through new media channels - while retaining the right to a share in all associated profits.
7. We have the right to choose the organizations we want to represent us and to join our voices together to protect our rights and negotiate for the value of our music.
8. We have the right to earn compensation from all types of "performances," including direct, live renditions as well as indirect recordings, broadcasts, digital streams and more.
9. We have the right to decline participation in business models that require us to relinquish all or part of our creative rights - or which do not respect our right to be compensated for our work.
10. We have the right to advocate for strong laws protecting our creative works, and demand that our government vigorously uphold and protect our rights.

_____


This is pretty straightforward, though some of the rights like #9 are against my stand. Nevertheless, it's a good start for ASCAP in clarifying the purpose of copyright law. 

Greed is the enemy of creativity.

- M.R. DY