The American creative industry is sounding the alarm over proposed amendments to the Philippines’ Intellectual Property Code, warning that the changes could weaken the country’s copyright protections. 

In a submission to the Office of the United States Trade Representative (USTR), the Washington-based International Intellectual Property Alliance (IIPA) urged the U.S. government to closely monitor the Philippines’ ongoing legislative efforts.

Representing 3,200 global copyright-dependent companies, IIPA brings together major industry groups such as the Association of American Publishers, Entertainment Software Association, Independent Film & Television Alliance, Motion Picture Association, and Recording Industry Association of America.

In its position paper, the alliance called for stronger government-to-government engagement to ensure that any amendments to the Philippine IP Code “result in adequate and effective copyright protection and enforcement.” IIPA warned that several pending bills in Congress risk weakening the country’s copyright regime and could even create new barriers to trade.

A key concern is the proposal to introduce an extended collective licensing (ECL) system, an approach typically applied only in markets with mature collective rights management structures. IIPA argued that the Philippines is not yet suited for ECL, noting that the Intellectual Property Office of the Philippines has accredited only six collective management organizations (CMOs), all of them operating within the music sector. The group stressed that ECL should apply only in cases of proven market failure, not in contexts where individual licensing remains viable.

The alliance further suggested clarifying provisions on CMO accreditation to ensure that individual rights holders who license their own works are not required to seek accreditation.

IIPA also flagged a proposal requiring additional remuneration for performers in cases of subsequent broadcasts or communications of their work. Since fees and rights are already established through contracts and licensing arrangements, the group argued that the measure could interfere with freedom of contract.

On limitations and exceptions, IIPA recommended either removing or tightening the IP Code’s open-ended fair use clause, warning that broad exceptions may lead to legal uncertainty and inconsistent rulings. Adopting a closed-list fair dealing system, it said, would offer clearer guidance on permissible uses.

To align with international norms, IIPA also urged the Philippines to extend its copyright term for sound recordings, audiovisual works, and other protected materials from 50 years to at least 70 years.

The alliance emphasized that addressing “unfair trade practices” abroad remains a critical priority for the U.S. creative sector, noting that weakened copyright environments in foreign markets directly affect industry revenues and, ultimately, American jobs.

- Excel V. Dyquiangco