Optical Media Act of 2003 (R.A. 9239)

Overview of R.A. 9239

• Also known as the "Optical Media Act of 2003"
• Governs the production, distribution, and utilization of optical media like CDs, DVDs, and Blu-ray discs
• Signed into law on May 22, 2003, by then-President Gloria Macapagal-Arroyo

Purpose and Application

• Established to combat widespread piracy and unauthorized reproduction of copyrighted content on optical media
• Applies to all individuals, businesses, and entities involved in activities related to optical media
• Includes manufacturers, importers, distributors, retailers, rental outlets, and consumers
• Enforcement agencies, regulatory bodies like the Optical Media Board (OMB), and copyright holders within the Philippines are also subject to the provisions of RA 9239

Range of Applicability

• Has jurisdiction and power within the Philippines
• Enforced by Philippine National Police, National Bureau of Investigation, and Optical Media Board (OMB)

Penal Provisions

• For engagement in importation, exportation, and acquisition without necessary licenses from the OMB:
  • Imprisonment for at least 3 years but not more than 6 years
  • Fine of not less than ₱500,000.00 but not exceeding ₱1,500,000.00
• For knowingly performing or rendering service of mastering, manufacturing, or replicating optical media after being licensed by the OMB:
  • Imprisonment for at least 1 year but not more than 3 years
  • Fine of not less than ₱100,000.00 but not exceeding ₱500,000.00
• For knowingly possessing items of the same content or title produced in violation of this Act, and for any other commercial purpose with the intent to profit:
  • Imprisonment for at least 30 days but not more than 90 days
  • Fine of not less than ₱25,000.00 but not exceeding ₱50,000.00

Licensing

• Every license shall be in a form prescribed by the OMB
• Valid for a period of 3 years subject to conditions as the OMB may impose