HON. CARLITO MARQUEZ
Governor
Province of Aklan
Provincial Capitol
Kalibo, Aklan
Sir:
Warmest Greetings!
The undersigned is a duly accredited photo journalist and one of the active media practitioners in Aklan whose expertise is more on the filed of photo journalism. Presently the undersigned is also an accredited Philippine Daily Inquirer contributor and Photographer Stringer in Visayas Area of EPA (European Press Photo Agency (EPPA).
As a working photo journalist it has been a source of consolation on my part to be partnering with you taking into account especially my meager contribution for the gaining of positive image and public goodwill of your office.
In the course of the performance of my photo journalistic works had in fact produced several creative photographic works involving your office. I understand that there are purely for journalism purposes, meaning for publication in our national and local media.
It so happened that your media consultant ULYSSES ESPARTERO managed to get copies of said photos from the undersignned with his represenation that the same would be used for publication purposes only (for newspapers).
To my surprise however reproductions of my photo works had been made without my consent. This was confirmed last December 2006 when several calendars bearing my several photographic works had been distributed by the office of the Governor. These photos were also used in the T-Shirt distributed by the provincial government. (Hereto attached are copies of said photographic works). Doubtless some print or publication establishments had made money out of my photographic creative works at my great expense and prejudice.
As a struggling photo journalist barely living in a hand to mouh existence, the undersigned felt that he had been exploited and shortchanged by this Ulysses Espartro, no less your media coordinator.
Doubtless, as a photo journalist my rights are protected ly law, particularly the Civil Code and the Intellectual Property Code of the Philippines (RA 8293) Sec. 172 of the later law dealing with Literary and Artistic Works specifically provides in paragraph (k) thereof that among the artistic works protected are 'Photographic works including works produced by a process analogous to photography."
It may be argued that my photographic works do not at all deserve a protection from the copy right laws as they are not registered. In this light the law itself provides under section 172 the rights conferrred by the Intellectual Property Code in so far as copyright is concerned subsist from the moment of creation. Hence the law does not require registration to trigger the application of copyright protection ( as cited in Intellectual Property Law Comments and Annotations by Dr. Ranhillo Callagan, pgs 9 and 10.)
Lest like your media coordinator Mr. Espartero to be tolerated in continually despising our profession as photo journalists/creative artists, let me qoute the same book as it underscored the protective mantle extended by the law on our behalf, viz, "Quite clearly, the selecting, arranging and posing of the subject and background, the light and shades arrangement all fulfill the requirement of originality. Pictures taken by expert lensmen are undeniably works of art, but even the least pretensions of picture seems qualified for copyright. The fact that there are photography competitions, that some photographs are exquisite and many others are just mediocre all provide some common sense support for the legal protection enjoyed by them."
In the light of the foregoing, may the undersigned request that justice be accorded to him corresponding to the compensation due him for the value of his creative works. As I am espousing here my right as a photo journalist. I will not hesitate to exhaust all the legal remedies afforded to me by the law to vindicate my rights. Hopefully this will merit a positive response on your end.
Very truly yours,
(signed)
JOE HARESH TANODRA
Photo Journalist
EPA Stringer
PDI contributor
cp no. 09284168613
Noted by
RECTO VIDAL
President
Aklan Press and Radio Club
Kalibo, Aklan
No comments:
Post a Comment