Daily Tribune (Philippines)

A glimpse into PCIDA

- For more of Dean Nilo Divina’s legal tidbits, please visit www. divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com.

The last two weeks of 2023 were a testament to the emerging new life of the Philippine film industry as moviegoers flocked to the cinemas to watch the various entries in one of the biggest Filipino film festivals. The creatives and artists once again made possible the dream of making Filipinos appreciate local films. Indeed, the Filipino film industry ended 2023 with a bang.

This 2024 and in the years to come, we anticipate more successes not only during the holiday season but throughout the year and not only in the film industry but in the entire creative industry as Republic Act 11904, otherwise known as the Philippine Creative Industries Developmen­t Act (PCIDA), enters into its second year.

PCIDA, which lapsed into law on 27 July 2022, aims to promote and support the developmen­t of Philippine creative industries by protecting and strengthen­ing the rights and capacities of creative firms, artists, artisans, creators, workers, indigenous cultural communitie­s, content providers, and stakeholde­rs in the creative industries.

To this end, the Philippine Creative Industries Council shall be establishe­d with a mandate to implement a long-term plan for the developmen­t and promotion of the Philippine creative industries, with programs aimed at creating opportunit­ies and employment, nurturing human resources, ensuring financial-enabling mechanisms, and providing incentives to encourage and sustain Filipino excellence in the creative industries.

PCIDA defines creative industries as trades involving persons, whether natural or juridical, that produce cultural, artistic, and innovative goods and services originatin­g in human creativity, skill, and talent and having the potential to create wealth and livelihood through the generation and utilizatio­n of intellectu­al property.

Creative industries also include those directly or indirectly involved in the creation, production and manufactur­ing, performanc­e, broadcasti­ng, communicat­ion, and exhibition, or distributi­on and sale of works and other subject matter in accordance with existing laws, rules, and regulation­s on intellectu­al property rights protection, such as audiovisua­l media domain, digital interactiv­e media domain, creative services domain, design domain, publishing and printed media domain, performing arts domain, visual arts domain, traditiona­l cultural expression­s domain, and cultural sites domain.

The PCIDA provides, among others, that entities from the creative industries may avail of infrastruc­ture support from the Department of Trade and Industry and the infrastruc­ture support programs under Republic Act 11293, otherwise known as the Philippine Innovation Act, as well as research and developmen­t support program of the Department of Science and Technology.

Entities from the creative industries shall also be granted access to digital services and digital training platforms. Technical and financial assistance programs shall be provided to Filipino entities that endeavor to create digital content distributi­on platforms and other digital innovation­s benefiting the creative industries.

Government-owned, -controlled, or -supported financial institutio­ns shall also prioritize creative industries in providing credit assistance and guarantee schemes, subject to the rules and regulation­s of the concerned financial institutio­ns.

The PCIDA also provides for the establishm­ent of the Creative Industries Developmen­t Fund to support research and developmen­t, trade promotion, and human resource developmen­t in the creative industry and to ensure the welfare of artists, workers, and other stakeholde­rs through business support organizati­ons and creative workers associatio­ns.

To ensure relevance and effectiven­ess, the PCIDA shall be reviewed at least once every five years or as often as the Congress of the Philippine­s deems necessary. Such a review aims to enact necessary reforms to respond to emerging needs and developmen­ts in the creative industry.

“Entities from the creative industries shall also be granted access to digital services and digital training platforms.

“This 2024 and in the years to come, we anticipate more successes not only during the holiday season but throughout the year and not only in the film industry but in the entire creative industry.

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