Cable piracy is theft, says Intellectual Property Office

"Piracy is theft." This was the succinct and unequivocal declaration made by Director General Emma Francisco of the Intellectual Property Office (IPO) during a recent forum at the 8th Philippine International Cable Show in Cebu City.

Mincing no words, Francisco told cable operators: "Without authorization (from program owners) retransmission of cable TV signals is a violation of intellectual property rights. Is it against the law? Yes!"

The piracy issue took center stage during the second day of the annual cable show sponsored by the Philippine Cable Television Association Inc. (PCTA). Cable operators and programmers filled the session hall where Francisco spoke and heard the IPO chief's views on piracy in the Philippine Cable TV industry.

The IPO director general explained that copyright exists from the moment of creation. "Hence, there's no need for the creator of any work to register before he enjoys the protection of the law." She added: "Since Intellectual Property Rights or IPR are private rights, the IPO needs the full support of the complainants -- in this case cable programmers -- in prosecuting IPR violators," she stressed.

In recent months, officials of the National Telecommunications Commission (NTC) intensified their campaign and raids against suspected cable TV pirates of both encrypted and "in-the-clear" signals. For encrypted signals, the NTC said so-called "black boxes" or smuggled satellite decoders are the equipment of choice used by unscrupulous cable TV operators in illegally picking up signals of popular pay-TV channels and retransmitting them without authorization from program owners.

Under Republic Act No. 8293 or the Intellectual Property Code of the Philippines, Francisco said copyright owners can avail of civil, administrative and criminal remedies to protect their intellectual property rights. In civil and administrative cases, she said the IPO or the courts could issue injunction or cease and desist orders, require the payment of damages and fines, order the impounding or destruction of infringing devices or cancellation/suspension of the license to operate.

In criminal cases, Francisco said the first conviction carries a penalty of one to three years imprisonment plus P50,000 to P150,000 fine; three years and one day to six years imprisonment and a fine of P150,000 to P500,000 for the second offense; and six years and one day to nine yers imprisonment plus a fine of P500,000 to P1.5-million upon the third conviction.

"In case of insolvency, subsidiary imprisonment shall be imposed," she added. "Programmers can go to court or the IPO for their complaints. You could also go to the NTC whom I understand has been conducting raids throughout the country to capture cable TV pirates," she said.