Question & AnswerQ&A (Republic Act No. 9239)
The short title is the Optical Media Act of 2003.
The policy is to ensure the protection and promotion of intellectual property rights by regulating the mastering, manufacture, replication, importation, and exportation of optical media.
Optical Media refers to a storage medium or device in which information including sounds, images, or software code has been stored by mastering and/or replication and can be accessed by a lens scanning mechanism employing a high intensity light source such as a laser or other means.
The Videogram Regulatory Board (VRB) is reorganized into the Optical Media Board (OMB).
The OMB is composed of four ex officio members (Secretary of DTI, DILG, DOF, and IPO Director-General or their representatives) and five regular members appointed by the President including representatives from the private sector, consumer organizations, and the academe.
Regular members must be Filipino citizens, at least 21 years old, of good moral character, with proven competence in the industry they represent. The Chairperson must be at least 35 years old with known probity and managerial competence, and at least two members must be Philippine Bar members.
The activities requiring registration and licenses are importation, exportation, acquisition, sale or distribution of optical media and related equipment/materials; possession or operation of manufacturing equipment and materials; and mastering, manufacture, replication, importation, or exportation of optical media.
Penalties include imprisonment of at least three years but not more than six years and a fine ranging from Five hundred thousand pesos to One million five hundred thousand pesos.
SID Code is a system to identify the source of all optical media mastered, manufactured, or replicated. Affixing authorized SID codes is mandatory, and absence or falsification of these codes is prima facie evidence of violation under the Act.
OMB can formulate policies, grant or cancel licenses, conduct inspections with or without prior notice, apply for search warrants, prosecute violators, impose administrative sanctions, and deputize other government agencies for enforcement.