CODE OF ETHICS

ADVERTISING

--is a governing body composed of representatives of national organizations involved in advertising practice who have banded together to promote the development of the advertising industry through self-regulation, in harmony with industry goals.

--is the umbrella organization of the advertising industry.

ADVERTISING BOARD OF THE PHILIPPINES (ADBOARD)

PANA4As-PUPMG IBAOAAPCAAPASAPMORES

8 SECTORS OF ADBOARD

PROCEED TO THE NEXT REPORT

- one of the sectoral members of Adboard which was established on January 30, 1958. It is a non-stock, non-profit organization committed to the promotion of Truth in Advertising.

- founded on four basic principles namely: belief in advertising as an important tool in marketing goods and services; belief that consumer's interest should prevail by making it the advertiser's primary concern; belief in the promotion and protection of the public's confidence in advertising and advertised goods and services; and the belief in the uplifting of advertising standards and practices.

Philippine Association of National Advertisers (PANA)

to practice fair and honest advertising to protect the interests of the consumers as well as to develop its members to be a responsible and market-sensitive practitioners through relevant educational programs and interaction.

PANA’S MISSION

AbensonAsia BreweryAyala CorporationBank of the Philippine IslandsCebu PacificDel Monte PhilippinesEnchanted KingdomGoldilocks BakeshopNokia PhilippinesPetron CorporationSan Miguel CorporationUnilever Philippines Incorporated

MEMBERS

-  is one of the sectoral members of Adboard.

Association of Accredited Advertising Agencies-Philippines (4As-P)

Association of Philippine Advertising

Agencies (APAA)

Lapian ng mga Adbertaysing

Praktisyoner na Pilipino sa Ikauunlad

ng Sambayanan (LAPPIS)

Association of Accredited Advertising Agencies-

Philippines

Its aim is to uphold understanding and cooperation between advertising sectors and encourage acceptable business practices to protect the entire advertising industry as well as the welfare of the entire consuming public.

4As-P cont.

- umbrella organization of the print media practitioners in the Philippines.

United Print Media Group (UPMG)

ABS-CBN PublishingAtlas Publishing Co., Inc.Manila Bulletin Publishing CorporationPanay NewsPhilippine Daily InquirerThe Philippine Star

MEMBERS

aim to implement significant improvements and development in the broadcasting industry.

the only legitimate blocktiming organization in the Philippines and is one of the sectoral members of Adboard as well as an affiliate of Kapisanan ng mga Brodkaster sa Pilipinas (KBP)

Independent Block Timers Association of the Philippines (IBA)

to work for the professionalism of the blocktiming industry and to participate and contribute to the uplifting of program standards

to enhance the working relationship between IBA and the networks and to work in close consultation with advertisers and advertising agencies, as well as other industry related organizations, in all trade matters affecting each other mutually

to foster social responsibility among blocktiming practitioners and help protect the welfare of the general viewing public.

IBA's Three-point Objective

IBA also gave its full support for the approval of the VAT exemption in the broadcasting industry. Equipped with dynamism, the Association dedicates itself in serving a vital link between Broadcasting and Advertising

primary medium of advertising before print ads and radio broadcasting has been introduced in the industry. Billboard operators and owners coordinated to form a dynamic organization in an effort to promote growth and improvement in Philippine outdoor advertising.

was established on August 13, 1964 along with the creation of the Code of Ethics.

Outdoor Advertising Association Of The Philippines (OAAP)

The Code takes an eight-point framework which standardizes the structures and operating practices of outdoor advertising displays. It stresses urgent need to fall within governmental policies, objectives and code of ethical conduct:

- Avoid installing billboards/advertisements of competing products or firms side by side or on the same line of vision

- All outdoor signs must be properly identified- Temporary structure erected on proposed

locations to identify the actual site of construction must be respected

- Avoid the installation of a board to cover another board. As to outdoor advertising copy, it shall not in any way contain a statement or convey messages or visual displays that are: Obscene or offensive to public decency False, misleading or deceptive Offensive to the moral standards of the

community Violating of any national or local law

AD GATEWAY, INC.ADMARK ADVERTISING CO. INC.BILBORD ETC. CORP.COMPACT GRAPHICS ADVERTISING DESIGN

SERVICES, INC.DA-BEST OUTDOOR ADVERTISING INC.DYNAMIC SIGNMAKER OUTDOOR ADVERTISING

SERVICES INC.GLOBALTRONICS, INC.GREAT OUTDOOR ADVERTISING CORP.MEDIA ARTS YIELDING ADS INC.OMNI SOURCE INT’L.SUMMIT PUBLISHING CO., INC.UNITED NEON, INC.

MEMBERS

is one of the sectoral members of Adboard which is as early as the 1950's, cinema advertising was already established at that time with the presence of five-minute documentaries created by commercial and movie producers.

Most people turned to cinemas which allowed the cinema industry to move up and recover. Due to their affordability, movies are regarded as the cheapest form of entertainment. Apart from the cost, hi-tech facilities and Tagalog and Hollywood blockbusters are other undeniable incentives to an ordinary moviegoer.

Cinema Advertising Association of the Philippines (CAAP)

is a non-stock, non-profit corporation which promotes the advancement of business trades and services of advertising suppliers and firms.

ASAP also advocates high standards of trade practices and ethics between advertising service suppliers and firms and other sectors of the advertising industry.

Advertising Suppliers Association of the Philippines (ASAP)

Advertising PhotographersAudio Recording StudiosAudio Visual / Multimedia Production HousesColor Separators / PrintersCommercial Production HousesGraphic Designers / Special Promo MerchandisingJingle Writers / Producers / ArrangersModel / Talent AgenciesPost Production Facilities & Related ServicesService TalentsSpecial EventsTechnical Services & Equipment Rental

12 SECTORS

aims to professionalize the research industry through cooperation among research organizations and to improve and maintain the high standards in the conduct of marketing and opinion research.

Marketing and Opinion Research Society of the Philippines (MORES)

To upgrade the research profession by promoting and ensuring that high standards are maintained by its members in the conduct of marketing and opinion research according to generally accepted scientific methods

To promote public understanding and appreciation of the nature and value of research as a management tool

To formulate a Code of Ethics for members and to ensure observance of the Code's provisions

MORE’S OBJECTIVES

To foster fellowship among practitioners respecting each other's professionalism and recognizing that trade secrets are to be respected

To serve as a focal point for the exchange of information and ideas

To encourage the development of new techniques and methodologies in marketing and/or opinion research.

San Miguel CorporationAyala LandProcter and Gamble Philippines IncorporatedJohnson and Johnson (Philippines) Inc.Nestle Philippines Inc.Colgate-Palmolive Philippines IncorporatedCoca-ColaJ. Walter ThompsonMcCann-Erickson PhilippinesUnilever Philippines IncorporatedAce Saatchi & SaatchiHemisphere-Leo Burnett

MEMBERS

LAW ON COPYRIGHT

An act prescribing the intellectual property code and establishing the intellectual property office,

providing for its powers and functions, and for the other purposes

Republic Act. No. 8293

INTELLECTUAL PROPERTY CODE OF THE PHILPPINES

The law is partly based on United States copyright law and the principles of the Berne Convention for the Protection of Literary and Artistic Works. Unlike many other copyright laws, Philippine copyright laws also protect patents, trademarks, and other forms of intellectual property.

AuthorCollective WorksCommunicate to the PublicComputerPublic LendingPublic PerformancePublished WorksRentalReproductionWork of Applied ArtWork of the Government of the Philippines

PRELIMINARY PROVISIONS

The law is enforced through a body established by the law: the Intellectual Property Office, or IPO, and its various branches. Copyright implementation is done with the coordination of the IPO and the Copyright Division of the National Library of the Philippines.

Literature (books, pamphlets, etc.)Periodicals (newspapers, tabloïds, magazines,

etc.)Public speeches and other public speaking

works (speeches, lectures, sermons, etc.)LettersTelevision or movie scripts, choreography,

and entertainment in showsMusical works (lyrics, songs, song

arrangements, etc.)Art products (drawings, paintings. sculptures,

etc.)

ORIGINAL WORKS

Ornamental designs and other forms of applied art (not necessarily industrial designs)

Geographical, topographical, architectural, and scientific works (maps, charts, plans, etc.)

Scientific and technical drawingsPhotographs and cinematographic works made in a

process similar to photographyAudio-visual works and cinematographic works made

in a process similar to making audio-visual worksPictures used in advertising (includes logos)Computer programsOther works not covered in classes A-N of a literary,

scholarly, scientific, or artistic natureSound recordingsBroadcasts

Section 185 of the Intellectual Property Code provides for fair use of copyrighted material. The criteria for fair use is almost identical to the fair use doctrine in United States copyright law, with the exception that even unpublished works qualify as fair use under Philippine copyright law.

FAIR USE

Moral rights, which can be exercised by any copyright holders (individuals, corporations, etc.), are enshrined in Chapter 10 of the Intellectual Property Code. However, Section 193 of the code (which is also in Chapter 10), which also outlines a copyright holder's moral rights, makes these rights independent of economic rights outlined in Section 177 of the code.

MORAL RIGHTS

AttributionThe right to be prominently displayed as the

creator of the copyrighted material, in any form practical to the work

The right to change or even withhold the work from circulation

Integrity of ownershipThe right to object to any alteration

detrimental to the name of the creator of the material

The right to restraining the use of the creator's name in a work not of his making

The Intellectual Property Code also permits the waiver of moral rights in most cases, but does not allow it if the following situations occur:If the creator's name will be used to damage

the reputation of another personIf the creator's name will be used to give credit

to something he or she did not make

As the country is a party to the Berne Convention, Philippine copyright law expressly gives copyright ownership to the copyright holder automatically for creative works which fit in one of the categories.

OWNERSHIP OF COPYRIGHT

Government copyright under Philippine copyright law is established in Section 176 and its subsections. Under the section, all official Philippine texts of a "legislative, administrative, or judicial nature" or any official translation of those kinds of texts may not be copyrighted and are in the public domain. Aside from government documents, no work of the Philippine government, as well as the works of government-owned and/or controlled corporations, can be copyrighted (images, documents, and the like). However, prior approval is needed if a government work will be used for making a profit (most notably the Philippine constitution).

GOVERNMENT COPYRIGHT

the author of any public speaking works may have the works compiled, published, and copyrighted, and the government is permitted to receive and hold copyrights it received as a gift or assigned. However, such copyrights may not be shortened or annulled without prior consent of the copyright holder.

composite copyrights are permitted usually in the form of split copyrights, where each part of a work is copyrighted (works best for audio-visual works, sound recordings, and cinematographic works).

COMPOSITE RIGHTS

The Intellectual Property Code gives the power of mediating copyright problems to a bureau of the Intellectual Property Office known as the Bureau of Legal Affairs, as covered by Section 10 of the code. This body is empowered with the following functions:

Hear objections on items being applied for copyright

Address copyright violations where damages are no less than 200,000 pesos

LEGAL ACTION ON COPYRIGHT INFRINGEMENT

Give the following penalties for copyright violations: Issue cease and desist orders which have a fixed time

where the copyright violator must stop violating the copyright being infringed

Accept voluntary orders of compliance or discontinuance as ordered by the Director of Legal Affairs which must consist of the following:Assurance to comply with the intellectual

property law violatedAssurance to refrain from unlawful activity on the

case being investigatedAssurance to refund, replace, recall, or repair

defective productsAssurance to reimburse the complainant (usually

the copyright holder) of all charges, fees, and payments related to the case

Seizure of the products that have been subject to infringement

Forfeiture of all paraphernalia and properties (whether real or personal) involved with the infringement

Imposition of administrative of fines no less than 50,000 pesos but no more than 300,000 pesos. For every day of continued violation, a fine of 5,000 pesos is imposed.

Cancellation of any document attributed to the product at the discretion of the Director of Legal Affairs

Withholding of any document pending approval of the Bureau from the respondent

Assessment of damagesCensorship of the productOther penalties in line with Executive Order 983

(1983)

The power to implement this section