Philippine Creative Industries Development Act PDF

RA No. 11904, an act Providing for the Development and Promotion of the Philippine Creative Industries, and Appropriate Funds Therefor. CHAPTER 1: Preliminary Provisions Section1: Short title. Shall be known as the “Philippine Creative Industries Development Act.” Section 2: Declaration of Policy....

RA No. 11904, an act Providing for the Development and Promotion of the Philippine Creative Industries, and Appropriate Funds Therefor. CHAPTER 1: Preliminary Provisions Section1: Short title. Shall be known as the “Philippine Creative Industries Development Act.” Section 2: Declaration of Policy. The government aims to support and grow the Philippine creative industries by helping creators, workers, and related groups. A new council will create a plan to boost the industry, provide jobs, develop skills, offer financial support, and give incentives to encourage Filipino talent and success. Section 3: Definition of Creative Industries. Creative industries involve producing cultural, artistic, and innovative products and services driven by creativity and talent, with potential for wealth and jobs through intellectual property. These industries include activities like creation, production, performance, broadcasting, and distribution, all in line with intellectual property laws. a. Audiovisual Media Domain refers to audio and audiovisual content distributed through broadcast media (TV, radio, cable, satellite), digital platforms, or cinemas. It includes films, TV shows, animated productions, vlogs, motion graphics, music (recorded, scores, compositions), podcasts, and content for entertainment or education (edutainment). b. Digital Interactive Media Domain refers to digital software, mobile apps, and games that require user interaction, including video games, mobile games, computer games, virtual/augmented reality games, and other digital creative content. c. Creative Services Domain refers to commercial creative services done for clients, including advertising, marketing, research, cultural and recreational services, and live performances. It covers commissioned work for complete or partial creative output, as well as live experiences that involve real-time artistic performances with technical and management support. d. Design Domain refers to the process of designing and creating symbols, images, and products for both industrial and aesthetic purposes. It includes fields like architecture, interior design, fashion, textiles, furniture, jewelry, footwear, and toy making, focusing on creating solutions to address needs or problems. e. Publishing and Printed Media Domain refers to the creation, publication, and distribution of artistic, journalistic, and commercial literature in both print and digital formats, including books, blogs, comics, graphic novels, editorials, magazines, and other published media. f. Performing Arts Domain refers to activities related to training performers, as well as creating, promoting, distributing, exhibiting, and preserving artistic performances, including live music, theater, dance, opera, circus, spoken word, and puppetry.  g. Visual Arts Domain refers to activities related to creating, promoting, distributing, and preserving visual works, including paintings, drawings, sculptures, photographs, antiques, performance art, art toys, multimedia collages, and similar materials. h. Traditional Cultural Expressions Domain refers to tangible products and intangible traditions of Filipino culture and heritage, including arts and crafts, culinary practices, cultural festivals, and celebrations. i. Cultural Sites Domain refers to human-made locations, sites, and monuments significant to promoting Philippine culture, such as historic buildings, archaeological sites, and monumental art. It also includes museums, libraries, creative cities, performance venues, and cultural exhibitions that showcase the country's cultural assets. j. Other such domains and industries as the COuncil may determine, subject to guidelines and criteria issued by the council. CHAPTER 2: Organization of the Philippine Creative Industries Development Council Section 4: Creation of the Philippine Creative Industries Development Council. The Philippine Creative Industries Development Council is established to lead the development and promotion of the country's creative industries. It will consist of 19 members: 10 ex officio members (Secretary of DTI, DepEd, DOST, NEDA, DOT, DICT, DILG, chairperson of CHED, chairman of NCAA, and director general of IPOPHIL) and 9 regular members (Audiovisual, Digital Interactive, Creative Services, Design, Publishing and Printed, Visual Arts, Traditional Cultural Expressions, and Cultural Sites) from the private sector. Section 5: Creative Worker’s Welfare Standing Committee. A Creative Workers' Welfare Committee is established as a standing committee of the Council. Its role is to ensure that creative freelancers and workers have access to sustainable and dignified employment in the creative industries. Section 6: Meetings. The Council will meet at least once a quarter or as needed, called by the Chairperson or majority of members. Members who cannot attend in person can participate and vote via remote communication, such as videoconferencing or teleconferencing. A quorum for decision-making requires a majority of the current members. Section 7: Mandate, Powers, and Functions of the Council. a. Planning and Policy Formulation. (1) Create and implement a Philippine Creative Industries Development Plan, setting economic goals, key performance indicators, and strategies for value creation, GDP contribution, job creation, market expansion, investment, and intellectual property targets. (2) Review existing policies and collaborate with government agencies, NGOs, business groups, and creative worker associations to develop national policies and programs supporting the creative industries. (3) Classify the creative industries into sub sectors based on strategic needs and form technical panels or  task forces, in coordination with the Philippine Statistics Authority (PSA), to integrate this classification into the Philippine Standard Industry Classification. b. Private Sector Participation. (1) Set guidelines to identify creative industry stakeholders eligible for State aid during national emergencies. (2) Create accreditation guidelines for business support organizations and creative workers associations eligible for Council programs, and develop programs to help establish these groups. (3) Encourage creative industry professionals to join relevant business support organizations or creative workers associations. (4) Foster ongoing dialogue between the government, business organizations, creative worker associations, and academia to plan and evaluate policies and programs impacting creative industry stakeholders. c. Marketing and Promotion. (1) Foster partnerships and collaborations with government agencies, creative entities, and organizations both locally and internationally, coordinating with the DFA and other agencies for global cooperation. (2)Recommend international trade agreements to the DTI and support the Philippine representation in global creative economic events, in coordination with UNCTAD, UNESCO, and the Philippine National Commission for UNESCO. (3) Promote and expand the marketing, export, and consumption of creative industry outputs in both local and international markets, working with agencies like BOI, EMB, and CITEM, while coordinating cultural property programs with the NCCA. (4) Support local and international creative festivals, exhibitions, and trade shows to promote Filipino creativity for socio-cultural and economic development. (5) Assist the Department of Tourism (DOT) in integrating Philippine creative industries into the national tourism development plan. d. Capacity-Building. (1) Support the monitoring and protection of intellectual property rights for Filipino creative industry stakeholders. (2) Help protect indigenous traditional cultural properties used for commercial purposes, in coordination with the National Commission for Indigenous Peoples (NCIP). (3) Provide training and support to creative industry stakeholders in areas like business development, financial literacy, ethics, digital skills, taxation, design thinking, contracts, negotiations, and entrepreneurship, in partnership with the private sector. e. Other Functions. (1) Generate and mobilize resources from domestic and foreign sources, including donations and grants, and ensure equitable distribution to various creative industries. (2)Enter into contracts with individuals, firms, or organizations, domestic or foreign, and engage in legal actions related to these contracts. (3) Acquire, use, or dispose of property, as needed, to fulfill the purposes of the Act. (4)Raise or borrow funds, subject to approval by the BSP and DOF, and issue bonds or securities to finance projects. (5) Adopt and use a corporate seal. (6)Delegate powers to the Executive Director or Deputy Executive Directors as needed. (7) Create ad hoc committees or technical working groups to address specific issues in different creative industries and recommend policies or programs. (8) Establish rules and regulations to effectively implement the purposes of the Act. CHAPTER 3: The Philippine Creative Industries Development Plan Section 8: The Philippine Creative Industries Plan. The Council will create the Philippine Creative Industries Development Plan, outlining objectives and strategies for promoting creative industries. The Plan must be submitted to the President within one year and reviewed every three years. It will include a timeline with three, six, and ten-year goals. a. Clear and measurable economic goals for the creative industries, including value creation, GDP contribution, job creation, market expansion (domestic and international), investment targets, and intellectual property goals. b. A review of the existing governance and policy framework under which the Plan may be implemented. c. Current data and research on technological advancements, methodologies, distribution models, product lines, and value chains in the creative industries to support the implementation of the Plan. d. Analysis of current and emerging trends in technology, trade, consumption, demographics, environment, and health that affect the labor market for creative talent, including identification of skills gaps, in coordination with the private sector. e. Areas for strategic investments in the creative industries that will create an enabling environment for MSMEs to compete, grow, and scale sustainably. f. Financial assistance programs, investment schemes, loans, and guarantees for MSMEs in the creative industries. g. Technical, technological, and financial support for developing, processing, and marketing creative industry goods and services. h. Programs to strengthen links and collaborations between creative industry stakeholders and the government. i. Programs to incubate, encourage, and promote original creative content and talent. j. Strategies to increase creative industries' capacity and access to national and international markets. k. Programs to improve hiring, safety, welfare, and employment in the creative industries, in coordination with DOLE and worker associations. l. Policies ensuring access to dignified work and protection of creative workers' rights. m. Programs to strengthen the intellectual property ecosystem across creative industries. n. A digital acceleration plan for Philippine creative industries. o. Strategies to create a creative cities network for local government collaboration and idea exchange. p. Coordination with national disaster risk management agencies to include creative industry players in disaster resilience planning and implementation. q. Guidelines and strategies for managing the Creative Industry Development Fund. Section 9: Secretarial to the Philippine Creative Industries Development Council. The DTI will establish a Secretariat for the Council, led by an Executive Director IV (Salary Grade 29), appointed by the President. The Director must be at least 30, with a relevant degree, 10 years of leadership experience, and a strong commitment to the creative industries. The Executive Director will be supported by two Deputy Directors IV (Salary Grade 28) and a team of specialized managers and staff. The President appoints the Executive Director and Deputies from a list of nominees provided by the Council, serving three-year terms with reappointment possible. Within 120 days of the Act’s effectivity, the Council will define the Secretariat's structure and submit it to DBM for approval. Appointments will follow civil service rules. Section 10: Duties and Functions of the Executive Director. The Executive Director of the Secretariat will: a. Manage the Secretariat's affairs according to Council policies. b. Organize the Secretariat as prescribed by the Council. c. Submit an annual budget and necessary supplements for approval. d. Maintain databases on creative industries and related data in collaboration with the PSA and other agencies. e. Keep a database of accredited business support organizations and creative workers associations, in coordination with Local Culture and Arts Councils. f. Conduct nationwide campaigns to promote the Act and raise awareness of the creative industries. g. Submit an annual report and other required reports to the Council within 30 days of each fiscal year. h. Submit policies, systems, procedures, and regulations for the Secretariat’s operation for Council approval. i. Perform other duties as assigned by the Council or necessary for the role.