My Lakbayan Grade as of December 20, 2010 = B

My Lakbayan grade is B!


How much of the Philippines have you visited? Find out at Lakbayan!
Created by Eugene Villar.


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I'm up to a B.

Jungian Stress

Thought for the day:

The artist's life cannot be otherwise than full of conflicts, for two forces are at war within him (or her) -- on the one hand the common human longing for happiness, satisfaction and security in life, and on the other a ruthless passion for creativity which may go so far as to override every personal desire... There are hardly any exceptions to the rule that a person must pay dearly for the divine gift of creative fire.

- CARL JUNG

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.

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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.

Yellow

I am not embarrassed to tell you that I believe in miracles.

-    CORAZON C. AQUINO

Have we forgotten?


… that we were once the masters of democracy?


… that in 1986, long before anyone had even heard of Barack Obama, there was a more pronounced and dynamic miracle here in our very own islands?


… that we were the envy of the world for our singular display of peace, reconciliation and true power?


Back in the day when power was yielded by the vicious, it was unthinkable that a housewife with no political ambition could topple down a twenty-year-old empire. The proud few fell under the furious voice of the humble in glorious unison. 


“No more”, they said. 


“Not in my country”, they said even louder.


To avoid falling into the trap of romanticizing the past too much, understand that it was no secret that Tita Cory had her share of failures and frustrations. As her administration was cursed by violent coups, natural disasters, and economic ruin, she had an army of critics that watched her every move. This forced her team to be dynamic in both composition and strategy. In the end, she never really settled in. There was no calm -- no settling of the dust from the aftershock of Marcosian and natural devastation. She sat at the edge of her seat during her entire service.


President Aquino was not your typical idealized hero. She was not one who rose from the masses to become a champion of the people. She was never in war, or tortured, or humiliated. She was part of the elite Cojuangco family that had much in life. She had everything she ever needed, including a US education, a secure family and a fount of inexhaustible finances. 


She could easily have sat back to watch the wicked and the greedy devour each other while keeping her family safe, not losing a single night’s rest. But she chose a difficult life. She chose to jump into the fray and serve her God and her people. 


It was her great personal sacrifice that won for us a sustained increase in national hope. It was this -- her resolve to abandon the quiet life that she craved in exchange for a life lived for everyone else -- that made the Filipino people feel even human again.


The years when she was in the Palace were not the most productive years for the Philippines… they were not the happiest years… they weren’t even the most peaceful years… 


… but they were certainly the most hopeful years.


And we lost this because we have forgotten that it's not what you have or what you've been through that defines you as a true leader… It’s how much you’re willing to give up.


That is the story of Corazon C. Aquino.


And it is a story we must constantly revisit and learn from.


Because certain great sacrifices have to be made in the months to come… and we shall see who will finally step up to take the challenge head-on.


Rest in peace, Madame President.