Rules on Public Performance Dispute

Rules govern resolution of disputes relating to licensing terms involving author's right to public performance or communication.
Promulgated pursuant to the Intellectual Property Code of the Philippines, as amended.

Author: natural person who created the work.
Bureau: Bureau of Copyright and Other Related Rights (Intellectual Property Office).
Communication to the public: any communication including broadcasting, rebroadcasting, cable or satellite transmission, or making a work available to public access at chosen time/place.
Director General: head of Intellectual Property Office.
Director: director of the Bureau of Copyright and Other Related Rights.
Alternative Dispute Resolution Service: office unit in charge of mediation.
Mediator: officer designated to mediate disputes.
Office: Intellectual Property Office.
Public performance:
1. For non-audiovisual works: recital, playing, dancing, acting, or performing.
2. For audiovisual works: showing images in sequence with accompanying sounds.
3. For sound recordings: making sounds audible in places outside family circle regardless of time/place.

Director of the Bureau has original jurisdiction over disputes about licensing terms involving author's right to public performance.
Director General has exclusive appellate jurisdiction over decisions made by the Director.

Any aggrieved party may file a complaint with the Bureau upon payment of fees.
Complaint must be written and include:
- Names and addresses of complainant and respondent.
- Brief nature of complaint.
- Demands or reliefs sought.
- Verification and certification of non-forum shopping.

Parties may avail consignation under the Civil Code concerning royalties or monies disputed.
Complainant must submit certified Contract of Escrow to Bureau.

Notice to Answer sent to respondent within 3 days of complaint receipt.
Respondent must file answer within 10 days, denying allegations or stating defenses.
Motions to dismiss are not allowed.

Within 3 days after answer or pleading, case referred to Alternative Dispute Resolution Service.
Mediation governed by ADR rules until case returns to Bureau.

If mediation successful, Director renders judgment based on compromise within 5 days of case return.
If mediation fails, Director orders submission of memoranda with evidence within 10 days.

Hearing Officer may call parties for hearing within 10 days after last memorandum.

Director's decision becomes final after 15 days unless:
- Motion for reconsideration filed with Director (only one allowed).
- Appeal filed with Director General by notice and fee payment.
Appeal period resumes after denial of motion for reconsideration if applicable.

Certified copies of these rules filed with University of the Philippines Law Center, Office of the President, Senate, House, Supreme Court, and National Library.

Rules take effect 15 days after publication in a newspaper of general circulation.