Philippine Creative Industries Development Act PDF

Short Title. This Act shall be known as the "Philippine Creative Industries Development Act." Declaration of Policy. It is the policy of the State to promote and support the development of Philippine creative industries by protecting and strengthening the rights and capacities of creative firms...

Short Title. This Act shall be known as the "Philippine Creative Industries Development Act." Declaration of Policy. It is the policy of the State 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 as defined in this Act. Declaration of Policy. To this end, the State shall establish a creative industries development council mandated 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. Definition of Creative Industries. As used in this Act, creative industries are 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 a potential to create wealth and livelihood through the generation and utilization of intellectual property. Definition of Creative Industries. Creative industries 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. Audiovisual Media Domain Digital Interactive Media Domain Creative refers to demand-driven commercial creative service work done on behalf of commissioning clients for complete creative output or partial outsourcing work, Services including advertising and marketing, creative research and development, cultural and recreational services, Domain and live creative experiences, which refer to predesigned, real-time artistic performances and experiences aimed at specific audiences, with management and technical services provided to enhance the delivery of the performance and experience;  refers to the process of envisioning, planning, creation, Design and manufacturing of symbols, images, and products, whether for industrial or aesthetic purposes, spaces Domain and systems, whether static or for interactive experiences, at the heart of which is creating solutions that address a need or a problem in various fields such as architecture, urban landscaping, interior and spatial planning, fashion and accessory making, textile development, furniture making, jewelry making, footwear making, and toy making; Publishing refers to the creation, publication, and distribution of artistic, journalistic, and commercial literature in traditional print and digital format, including books, and Printed blogs, comics, graphic novels, editorials and commentaries, magazines, and other published media; Media Domain Performing refers to all activities involved in the training of performers, the creation, promotion, distribution, exhibition, and preservation of artistic shows, Arts performances and such other art forms including live music, theatre, musical theatre, dance, opera, circus, Domain spoken word; and puppetry; Visual Arts refers to all activities pertaining to the creation, promotion, distribution, and preservation of works that are primarily visual in nature, including paintings, Domain drawings, sculptures, photographs, antiques, performance art, art toys, multimedia art collages, or other similar material; Traditional refers to tangible products and intangible customs, practices and expressions of traditional Filipino culture and heritage, including arts and crafts, gastronomy and Cultural culinary practices, cultural festivals, and celebrations; Expressions Domain Cultural refers to the physical human-made locations, sites, and monuments that are of vital significance to the objective of promoting Philippine culture, including historic buildings and Sites town sites, important archaeological sites, and works of monumental sculptures or paintings. This domain Domain encompasses the strategic role and activities of museums, libraries, creative cities, performing arts venues, and cultural exhibitions to promote the country's cultural assets; and Other such domains and industries as the Council may determine, subject to guidelines and criteria issued by the Council. Section 4. Creation of the Philippine Creative Industries Development Council. — The Philippine Creative Industries Development Council, herein referred to as the Council, is hereby created to spearhead the development and promotion of the creative industries of the Philippines.  The Council shall be composed of nineteen (19) members: ten (10) ex officio members and nine (9) regular members from the private sector. (a) The ten (10) members who shall be ex officio members of the Council are: (1) The Secretary of the Department of Trade and Industry (DTI), as Chairperson; (2) The Secretary of the Department of Education (DepEd); (3) The Secretary of the Department of Science and Technology (DOST); (4) The Secretary of the National Economic and Development Authority (NEDA); (5) The Secretary of the Department of Tourism (DOT); (6) The Secretary of the Department of Information and Communications Technology (DICT); (7) The Secretary of the Department of the Interior and Local Government (DILG); (8) The Chairperson of the Commission on Higher Education (CHED); (9) The Chairman of the National Commission for Culture and the Arts (NCCA); and (10) The Director General of the Intellectual Property Office of the Philippines (IPOPHL).  The ex officio members of the Council may designate their respective next-in-rank officials as permanent alternates whose acts are considered as the acts of their principals. (b) The nine (9) regular members of the Council are the following: (1) Private sector representative of the Audiovisual Media Domain; (2) Private sector representative of the Digital Interactive Media Domain; (3) Private sector representative of the Creative Services Domain; (4) Private sector representative of the Design Domain; (5) Private sector representative of the Publishing and Printed Media Domain; (6) Private sector representative of the Performing Arts Domain; (7) Private sector representative of the Visual Arts Domain; (8) Private sector representative of the Traditional Cultural Expressions Domain; and (9) Private sector representative of the Cultural Sites Domain.  Every regular member shall be appointed by the President of the Philippines from a list submitted by the DTI Secretary who, upon consultation with the other ex officio members of the Council and with the stakeholders engaged in each respective domain, shall nominate at least three (3) nominees for every regular member seat: Provided, That each of the nominees shall come from the private sector and must have at least ten (10) years of experience in the development of the creative industry domain which the nominee belongs to: Provided, further, That each of the nominees shall have been endorsed by a business support organization or creative workers association relative to the creative industry domain sought to be represented. Creative Workers' Welfare Standing Committee There is hereby created a Creative Workers' Welfare Committee, hereinafter referred to as the Committee, which shall be a standing committee of the Council. The Committee shall ensure that creative freelancers and creative workers have access to sustainable and dignified work in the creative industries. Meetings The Council shall meet at least once every quarter or as often as necessary at the call of the Chairperson or majority of the members. Members of the Council who cannot physically attend or vote at Council meetings can participate and vote through remote communication technologies including videoconferencing, teleconferencing, or other alternative modes of communication that allow them reasonable opportunities to participate. A majority of the incumbent members of the Council shall constitute a quorum to do business. Mandate, Powers, and Functions of the Council. The Council shall exercise the following powers and functions: In the exercise of its powers and functions, the Council shall, at all times, coordinate and synergize its plans and programs with the national government agencies (NGAs) that have existing mandates in the various creative industry domains that are defined in Section 3 of this Act, as well as with NGAs that may be similarly mandated under future legislation or government reorganization, including but not limited to the following: (a) Film Development Council of the Philippines; (b) National Council for Children's Television; (c) Design Center of the Philippines; (d) Cultural Center of the Philippines; (e) National Museum; and (f) National Book Development Board. To this end, the Council may invite the NGAs to present their plans, proposals, and programs during its regular meetings.  CHAPTER III THE PHILIPPINE CREATIVE INDUSTRIES DEVELOPMENT PLAN The Philippine Creative Industries Development Plan. The Council, in coordination with the NGAs referred to in the preceding section, shall formulate the Philippine Creative Industries Development Plan, hereinafter referred to as the Plan, that sets forth the objectives, targets, strategies, and activities on the development and promotion of Philippine creative industries. The Plan must be submitted to the President of the Philippines for approval within one (1) year after the effectivity of this Act and is subject to mandatory review every three (3) years. The Plan shall include a three-year, six-year, and ten-year development timeline for its vision, mission, goals, and milestones. The Plan shall include the following components, among others, as may later be determined by the Council: (a) Well-defined and measurable economic goals and key performance indicators for the creative industries including value creation, contribution to gross domestic product, job creation, market creation and expansion, whether domestic or international, investment targets, and creative intellectual property targets; (b) A review of the existing governance and policy framework under which the Plan may be implemented; (c) Current data and findings of scientific, interdisciplinary and policy-oriented research on technological advancements, methodologies, distribution models, product lines, and value chains pertaining to creative industries in aid of the implementation of the Plan; (d) Analyses of current and emerging trends and changes in technology, trade, consumption, demography, the environment, and health that impact the labor market for creative talent, and identification of skills gaps, in coordination with the private sector; (e) Areas of possible strategic investments in the creative industries which will provide an enabling environment for micro, small and medium enterprises (MSMEs) to compete and sustainably grow and scale their businesses; (f) Financial assistance programs, investments schemes, loan programs, and guarantees for MSMEs in the creative industries; (g) Technical, technological, and financial assistance programs for the development, processing, commercialization and marketing of goods and services generated by the creative industries; (h) Programs that promote stronger linkages and collaborations among stakeholders in the creative industries and government; (i) Programs and areas of investment to incubate, encourage, and promote the development of original creative content and talent in the relevant creative industry domains; (j) Strategies that allow creative industries to develop greater capacity and greater access to both national and international markets and harness their talents, skills, and know-how in the creative industries; (k) Programs that promote the hiring and employment, occupational safety, and welfare of workers in the creative industries, in coordination with the Department of Labor and Employment (DOLE) and creative workers associations; (l) Policies that ensure access of workers in the creative industries to sustainable and dignified work, and protection of their rights and welfare in accordance with law; (m) Programs that promote a stronger intellectual property ecosystem among and across creative industries; (n) A comprehensive digital acceleration plan for Philippine creative industries; (o) Strategies towards the creation of a creative cities network to promote an avenue of mutual support and exchange of ideas among local government units (LGUs); (p) Programs that establish a coordinative relationship with the leading national agency on disaster risk management and resilience to ensure that players of the creative economy are covered, involved, and included in all aspects of disaster management and resilience from planning to implementation; and (q) Guidelines, programs, and strategies for the proper management of the Creative Industry Development Fund as provided for under Section 19 of this Act. Secretariat to the Philippine Creative Industries Development Council. A Secretariat to the Council shall be established within the DTI, herein referred to as the Secretariat, to be headed by an Executive Director IV (Salary Grade 29) who shall be appointed by the President of the Philippines. Secretariat to the Philippine Creative Industries Development Council. The Executive Director IV shall be at least thirty (30) years of age at the time of appointment; must possess good moral character; be a person of proven integrity; is a holder of a college degree in a related field of discipline; a person of proven administrative proficiency, independence, experience, knowledge, and commitment to the promotion and development of the Philippine creative industries; and who has served in a position of leadership for at least ten (10) years in at least one (1) creative industry domain prior to the date of appointment. The Executive Director IV shall be assisted by two (2) Deputy Executive Directors IV (Salary Grade 28) and an Administrative Staff consisting of at least one (1) of each of the following officers and employees: (a) Policy Development Manager (Salary Grade 24); (b) Research and Analytics Manager (Salary Grade 24); (c) International Trade Development Manager (Salary Grade 24); (d) Domestic Creative Industries Development Manager (Salary Grade 24); (e) Project Manager: Creative Zones (Salary Grade 24); (f) Project Manager: Digital Shared Services (Salary Grade 24); (g) Project Manager: Training and Development (Salary Grade 24); (h) Intellectual Property and Legal Specialist (Salary Grade 22); (i) Financial Services (Salary Grade 22); and (j) Administrative Secretariat (Salary Grade 18). The Deputy Executive Directors shall have the same qualifications for appointment as the Executive Director. The President of the Philippines shall appoint the Executive Director and the Deputy Executive Directors from a list of at least five (5) nominees submitted by the Council. The Executive Director and the Deputy Executive Directors shall serve for a term of three (3) years, with reappointment for another term. In case of death, resignation, or removal for cause, their replacements shall serve only the unexpired portion of their respective terms. Within one hundred twenty (120) days after the effectivity of this Act, the Council shall determine the organizational structure, staffing pattern, and compensation system of the Secretariat, including the duties, qualifications, responsibilities, and functions of its officers and staff members, and submit the same to the Department of Budget and Management (DBM) for approval. The officers and employees of the Secretariat shall be appointed in accordance with civil service laws, rules, and regulations. Duties and Functions of the Executive Director. — The Executive Director shall exercise the following duties and functions: (a) Direct and manage the affairs of the Secretariat in accordance with the policies of the Council; (b) Establish the internal organization of the Secretariat under such conditions that the Council may prescribe; (c) Submit an annual budget and necessary supplemental budget to the Council for its approval; (d) Maintain a database of all relevant data and information regarding the creative industries in conjunction with the PSA and such other agencies that maintain any related database; (e) Maintain a database of accredited business support organizations and creative workers associations in the creative industries, in coordination with the Local Culture and Arts Councils (LCAC), pursuant to Section 22 of this Act; (f) Conduct nationwide information dissemination campaigns to promote this Act and to build awareness on creative industries; (g) Submit within thirty (30) days after the close of each fiscal year an annual report and other reporting requirements to the Council; (h) Submit to the Council for its approval, policies, systems, procedures, rules and regulations that are essential to the operation of the Secretariat; and (i) Perform such other duties as may be assigned by the Council or which are necessary or incidental to the office. 40 30 20 10 0 Item 1 Item 2 Item 3 Item 4 Item 5