The Band Alliance (Philippines)

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Atek Jacinto uploaded a file.
November 14 at 8:43pm

Here is HB 4218 in its entirety, downloaded directly from the website of the House of Representatives recently. Last May when I was searching for it, only the first page can be accessed. Please study this carefully and form your own judgment. If passed into law, it could govern the affairs of all musicians in the future.

@ https://www.facebook.com/groups/band.alliance/1524606954456221/

Skarlet Brown
@ https://www.facebook.com/skarlet.brown.1

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Mga senyor ko po sa musika , good evening po. Ito po ang buod ng nagapanap na meeting last Tuesday po ng ilan sa mga concerned Musicians from some groups. Sana po ay makasama namin in full force ang lahat ng miyembro ng FOLKCAUSE sa pagbabasura ng nasabing HB 4218.

Proposed House Bill 4218 – OPM Development Act of 2014
Oppose or Support?

As a Filipino musician or anyone involved in the Filipino music scene, we want to hear your voice on this. It involves our industry and ourselves as this is a law applicable to all Filipino citizen. In a brief overview, we has been participating actively in different forums, including discussion groups with PARI, Filscap, IPO, in Taguig, and the Philippine Music Summit in Manila. We are also involved in the effort to revive the Philippine Musicians Guild two years ago. Therefore we would like to present the HB 4218 with backgrounder on what is going on around to give us a picture on what choices do we have.

HB 4218 is authored by Ifugao Rep. Teddy Baguilat and is being supported by Filscap Chairman Noel Cabangon, OPM President Ogie Alcasid and AMP President Jong Cuenco (at least as of this writing). The bill focuses on three major points – (1) Pursuant of RA 7356 which is the creation of the National Committee on Music (NCM) under the National Commission for Culture and the Arts (NCCA); (2) Pursuant of EO 225 of 1987 which requires broadcast organizations to play at least 4 songs per hour; and (3) the putting into law of the formerly Memorandum of Agreement between Bureau of Immigration, Organisasyon ng Pilipinong Mangaawit (OPM), Asosasyon ng Musikong Pilipino (AMP) and Filscap on Equity fees required to foreigners performing in the Philippines.

The proposed bill suggests that NCM will be composed of only one accredited guild per category. It also stated that the NCM shall accredit only one guild per category. And further it states that the Executive Council of this NCM shall be representative of the accredited guilds and chosen by the Commission (NCCA). This shows that the NCM is at the mercy of the selection by the NCCA. And the NCM will control everything after.

Let us trace back on what is happening on the “music hierarchy” in the past few years. OPM, PARI, AMP and Filscap launched a Pinoy Music Summit last March 2014. This gathering according to them are composed of “stakeholders” in the music industry. The independent community, the actual performing musicians in bars here and abroad, and a lot more in between are not included as they are not “stakeholders”. A few independent artists where present, I myself was there but the agenda that address the independent Filipino music, the performing musicians and a lot more was not included in the summit. It was as though that they spell out the whole music industry and we are actually only components in the sideline. To compare real facts from fiction, OPM has a limited active membership of 200. AMP has around 80. Filscap has too many inactive members that they cannot even call a quorum for an election. How can this compare to thousands of members from the Independent comunity. And more members from other organizations of music creators, bands and various music organizations and cooperatives in the provinces. We are still not counting the unorganized Filipino musicians all over the world. If the NCCA as shown on its support on organizing the Pinoy Music Summit will believe in OPM, AMP and Filscap, it is not far away that they will be the sole representatives that will constitute this NCM.

If it was a group that would represent the aspirations of the musicians, it should have been the Philippines Musicians Guild that should be in power right now. If you google this group, it has a long track record of struggles and victories in upholding the musicians rights and welfare since 1950s until 1980s. It was only in the early 90s when the Guild dwindled out as its members are now too old to pursue its struggles. This was the time when AMP was created, but sadly didnt took the shoe of the Guild. In over a decade they were in position they never took actions to do something about the music scene. Instead they cried over spilled milk when things went to worse. What we need right now is a thru musicians guild that will stand in front of the musicians and take action in matters affecting their plight. Same goes with the songwriters, the singers and the independent publishers.

HB 4218 did not define how to further implement EO 225 of 1987, instead it suggested on Section 9 that NCM will device a system to grant Tax Credits to Broadcast Organizations. If this is supposed to be implementing why do we need to put tax credits to those who will abide by this law. The provision on section 9 can be translated that all broadcast organizations will receive tax credits. This point should be addressed in a manner that those who will not abide by this law shall be penalized. And if the NCM will be composed of the predominant organizations where major publisher has more control, this can be viewed as making the government or the people’s money pay for the payola instead of the publisher in the guise of this Tax Credits in accordance with this act.

On the matter of playing 4 songs per hour on the radio, we believe the problem here is enforcement as it is already in act. What we should propose would be something more substantial. We know this issue as we are the ones who have constantly been refused by most mainstream radios over these years. This has to be addressed as well. It would be more powerful and effective if this would include other media such as TV, and instore radios such as those for public transport and public places.

The equity fee is a concept which involves employment and unionism. It is not an issue that has to be carried on as a law and implemented by such organization as the NCCA. It is not an issue of arts and culture as it can happen to any other profession. In this proposed bill, it is stated that the “NCM will determine the amount of and collected equity fees”. How can a committee under the purpose of promoting Filipino arts and culture be involved in issues on labor and immigration. The equity fee which is originally a memorandum of agreement between specific organizations is now being proposed into a law. Since this was a memorandum of agreement between organizations it is a concern of its members. And it would be obvious that its members should benefit from this act. However, since this is now being proposed into a law, it should be a matter of concern of every Filipino citizen. And the same Filipino citizen should have benefit out of it. In section 8 of the proposed bill, it states that “the equity fee shall be constituted into a Fund to be exclusively used for the benefit of local performers who are members of any of the performers’ guild duly-accredited by the NCM.” Isn’t this disturbing?

It has also been feared that since this is now becoming a law, it may affect the plight of our OFW musicians as the host country may retaliate on this law and impose stricter rules of such. If we all remember what happened with the plight of our OFW to Japan, since we started implementing confusing laws for employment to Japan, the Japanese government retaliated with disgust and loss of interest instead.

In other countries, it is the cultural workers unions that are the one imposing and collecting equity fees from foreigners. They are the one protecting the rights of the workers in the workplace and beyond. This makes the equity valid since it is the union that organizes the cultural workers, make sure they have jobs and make sure that their rights are protected and wages are fair. It will be the Union’s responsibility on to where the collected fees go. It has nothing to do with arts and culture and promoting or protecting their works of art. It should not be the responsibility of the NCM or of the NCCA in general.

Given these points raised regarding HB 4218, it is obvious that as a Filipino artist we should oppose this bill in its entirety. We want you to voice out your opposition to this bill. We have already made arrangement to be heard on the next congress hearing of this bill. But we still need to hear your voice. We need to show them the real numbers. Let them know what the whole music community thinks. That the musicians are smart enough to understand a bad fish from a good one. We are encouraging you to write a position paper regarding your stand on this issue, either as individual, as a band, as an artist organization, tribe, cooperative, center, etc. We will make sure that your voices will be on record and will be heard on the venues that will involve this proposed bill.

In response to opposing the HB 2418, we must draft a new and more comprehensive bill that will truly address the problems of the music community involving all areas in the music industry. There is currently a bill being drafted, organized by big musicians organizations from all over the country. However to make this successful, we must gather all suggestions to make the draft a more comprehensive one. You can send your suggestions thru proper channels and we make sure it is included in this effort.
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