On Ethics, Copyright, and the AntiPhoto & Video Voyeurism Act of 2009

By Atty. A.Reiz C. Macaraig

On Ethics, Copyright and Anti-Voyeurism Act of 2009

ETHICS

A branch of philosophy that involves systematizing, defending, and recommending concepts of RIGHT and WRONG behavior. Meta-ethics, about the theoretical meaning and reference of moral propositions and how their truth values (if any) may be determined; Normative ethics, about the practical means of determining a moral course of action; Applied ethics, about how moral outcomes can be achieved in specific situations;

On Ethics, Copyright and Anti-Voyeurism Act of 2009

1. Professional Ethics
A kind of Applied Ethics that encompass the personal and corporate standards of behavior expected of professionals. Typical components: honesty, integrity, transparency, accountability, confidentiality, objectivity, respectfulness, obedience to the law. No unified code for photographers or wedding photographers.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

2. Duty to Client
A wedding photographers first duty. Professional ethics applied.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

3. On backup photographer
Main photographer to conduct proper briefing. Agree and sign on terms. Caution on publication. Attitude towards work, guest and clients. Know your limits.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

4. On other photographers
Give way to the wedding photographers. If there is an exclusive wedding photography agreement, respect it.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

COPYRIGHT
An intellectual property right of the author of a work regardless of whether the same is published or not. Governed by Republic Act 8293, as amended. Rights include: economic right, right to reproduce, publication right, attribution right, and self-preservation right.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

1. Copyright in WP
As a guest/friend/uninvited photographer. As a contracted photographer. Employed vs. Commissioned.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

2. Lifetime of Copyright
Birth of photographic copyright. Lifetime and death of photographic copyright. Immortal photographic rights.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

3. Copyright Notice
NAME OF PHOTOGRAPHER + YEAR PSEUDONYM OF PHOTOGRAPHER + YEAR

On Ethics, Copyright and Anti-Voyeurism Act of 2009

ANTI-VOYEURISM
Governed by Republic Act 9995 (AnA-Photo and Video Voyeurism Act of 2009) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar acAvity or of capturing an image of the private area of a person or persons without the laPer's consent, under circumstances in which such person/s has/have a reasonable expectaAon of privacy, or the act of selling, copying, reproducing, broadcasAng, sharing, showing or exhibiAng the photo or video coverage or recordings of such sexual act or similar acAvity through VCD/DVD, internet, cellular phones and similar means or device without the wriPen consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such person's.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

1. Definitions
Female breast means any portion of the female breast "Private area of a person" means the naked or undergarment clad genitals, pubic area, buttocks or female breast of an individual "Under circumstances in which a person has a reasonable expectation of privacy" means believe that he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place

On Ethics, Copyright and Anti-Voyeurism Act of 2009

2. On Consent
What is the effect of consent to the criminal liability of the offender?

On Ethics, Copyright and Anti-Voyeurism Act of 2009

3. Penalties
If offender is a natural person imprisonment of not less than 3 years but not more than 7 years and/or a fine of not less than P100,000.00 but not more than P500,000.00 or both If a juridical person automatic revocation of franchise and subjecting the responsible officers to penalty If public officer will be administratively liable If alien deportation after serving sentence/paying fine.

On Ethics, Copyright and Anti-Voyeurism Act of 2009

4. Voyeurism in Weddings
Can there be violation of Anti-Voyeurism Law in weddings despite the fact that the same is done in public? What about in pre-nuptial or engagement shoots?

On Ethics, Copyright and Anti-Voyeurism Act of 2009

THANK YOU