Fear of legalese keeps Filipino animation creatives from protecting their property rights

THE ANIMATION industry in the Philippines is rich with talented animators, digital artists, and creators of various forms of entertainment, but protecting their intellectual property (IP) rights remains under-explored, said Filipino creatives working in the industry today.

To end National Arts Month, the Intellectual Property Office of the Philippines (IPOPHL) brought together three Filipino animators to talk about the need for awareness of IP rights in the local animation landscape.

The IP LIVE TALK session, titled “Copyright ownership in an animation production,” was streamed live on Feb. 24, with the full recording posted online a few days after.

Speaking as president of the Creative Content Creators Association of the Philippines (SIKAP) and as founder of post-production company Animation Vertigo, Marla D. Rausch said, “The Philippines has this fear of contracts, legalese, and lawyers, because it’s all hard to understand. It gets frightening to deal with, but we have to encourage our creatives to do so, because it protects us.”

She said that, by determining “deliverables, specific roles, and the expectations of both parties in contributing to the creation of a work,” it is easier to deter one party from taking advantage of the other.

Ronnie Del Carmen, a Filipino animator, director, and storyteller who has previously storyboarded and co-directed works for Warner Brothers, Dreamworks, Pixar, and Netflix, said that contracts are a whole other story for big studios.

“Mostly, I’m kind of outside any IP issues because it’s a work-for-hire situation where you’re an employee of the company,” Mr. Del Carmen said. “Everything inside your head, in a work-for-hire context, belongs to the studio. You sign away those rights. You just work for them and make their films. None of us have ownership of characters or designs.”

However, he advised that animators have a “carve-out” of characters and stories that are excluded from the company’s ownership. “These are for works that existed before joining. You have to pay attention to the contract and specify properties that belong to you, so you can work on them on your own without studios touching them,” he explained.

Representing the independent filmmaker side was Rianne Hill Soriano, president of Tuldok Animation Studios. She talked about how distribution and merchandise require artist-centered discussions.

“For example, when we have events as Tuldok, the filmmaker retains the copyright for the works they’ve done with us. It’s only ethical to inform them if we’re showing their film at an event,” she said.

Ms. Soriano also specified that when Tuldok gets grants to make a film, they ensure that they own everything as well. “With regards to exploring possibilities for IP, like making characters into toys and selling them at Toy Con, we’ve been discussing it in terms of share of rights and the fair percentage for the character designer,” she said.

Ms. Rausch recalled some sneaky contracts that Animation Vertigo has encountered as a work-for-hire service — something animators have to be wary of.

“I’ve seen contracts where anything you use, including scripts, programs, and tools that helped create the product, is also owned by the company. At that point, you look to your lawyer and ask to have it struck out of the contract, so that the only deliverable is the animated scene and no other asset,” she said.

COPYRIGHT LAWIn the Philippines, Republic Act 8293 is what governs the IP system. Under it is the Copyright Law, which protects Filipino creators.

“One unique thing about copyright as an IP is the fact that it vests from the moment of creation,” said Emerson Cuyo, director of IPOPHL’s Bureau of Copyright and Related Rights, at the talk.

“This means there is technically no need to register your copyright over your creation — but there are advantages to registering your work. It is for creatives, creators, animators, and artists in jurisdictions like the Philippines where the voluntary system of copyright registration is very lacking,” he explained.

Ms. Soriano observed that an idea must be a tangible form of expression in order to be copyrighted — and the earlier this can be done, the better.

She said that screenplays are an early form of a film that must fall under copyright, to deter others from stealing any ideas. This is why she has printed her screenplay with watermarks containing its copyright registration number, as “a form of defense.”

“It’s relatively easy to prove that a film belongs to someone, but it’s trickier with ideas that are pitched somewhere,” Ms. Soriano said. “Most of us do this for funding, grants, indie film festivals, and screenwriting competitions, and there’s the possibility that anything you share can be stolen. That’s one way to ensure nothing happens.”

Mr. Del Carmen concluded by emphasizing caution. “Once you are handed a piece of paper to sign involving something you made, that’s your cue to get a lawyer. You might be asked to surrender rights. You have to be diligent and vigilant about what you own,” he said.

For Ms. Rausch, consulting legal experts within SIKAP or IPOPHL is easy. Guidance with registering any form of IP is also available through the organizations, which can help with monetizing their IP.

“By registering our works, we can prove to people who might want to license or create merch or adaptations from your IP, that you are truly the owner and that you will receive compensation,” she explained.

The full talk is free to view on IPOPHL’s Facebook and YouTube pages. Animators can register their works via ipophl.gov.ph. — Brontë H. Lacsamana