Optical Media Act

• What is the Full name of the Optical Media Act?

  Optical Media Act of 2003
• What is the R.A number of Optical Media?

  Republic Act No. 9239
• Economic Zone

  the Special Economic Zones, Industrial Estates, Export Processing Zones and Free Trade Zones as defined in Republic Act No. 7916 or the PEZA Law including the Clark Special Economic Zone, the Cagayan Special Economic Zone, the Zamboanga City Special Economic Zone, the Subic Bay Freeport and other economic zones now in existence in the Philippines or as may be established in the future.
• IP Code


  Republic Act No. 8293 also known as the Intellectual Property Code of the Philippines;
• License


  the authority granted by the Optical Media Board (OMB) to establishments or entities registered with the OMB to engage in the business of mastering, manufacture, replication, importation or exportation of optical media;
• Magnetic Media


  a storage medium or device characterized by a base, usually plastic, coated with ferric oxide powder, in which visual and/or aural information, or software code, may be recorded or stored, including, but not limited to, magnetic tape, cassettes, video tape, diskettes, and floppy discs.
• Manufacture

  • The act or business of producing optical media or devices containing sounds and/or images, or software code, including any work protected in Part IV of the IP Code, by mastering and/or replication. In relation to equipment, "manufacture" shall refer to the assembly or integration of various components into any equipment useful for the mastering, manufacture and/or replication of optical media;
• Manufacturing Equipment


  any and all equipment, machine or device, now known or to be known in the future, intended or design for the production or manufacture, by mastering and/or replication of optical media, optical media masters, or production parts thereof, including but not limited to, those which shall be listed in the Implementing Rules and Regulations (IRR) of this Act or as prescribed by the OMB. For the purpose of this Act, optical disc writers and such other devices used in personal computers not for commercial purposes shall not be considered as manufacturing equipment;
• Manufacturing Material


  any material such as, but not limited to, optical grade polycarbonate or polycarbonate substitutes with physical properties suitable for the manufacture of optical media;
• Mastering

  • the act or business of producing a stamper made of glass, metal or other material, intended for the manufacture of optical media;
• Optical Media


  a storage medium or device in which information, including sounds and/or images, or software code, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future. The term shall include, but not be limited to, devices which shall be listed in the IRR of this Act, or as prescribed by the OMB;
• OMB


  Optical Media Board
• Replication


  the process of manufacturing optical media by reproducing or generating copies of the stamper in an injection molding machine or other forms of replicating equipment; and
• Source Identification Code or SID Code


  a system of codes to identify the source of all optical media mastered, manufactured or replicated by any establishment or entity.
• Reorganization

  • To implement the policies and attain the objectives enunciated in this Act, the Videogram Regulatory Board (VRB) created under Presidential Decree No. 1987 is hereby reorganized into the Optical Media Board (OMB).
• Coverage


  The authority of the OMB shall cover the entire territory of the Republic of the Philippines including the economic zones as defined in this Act and in Republic Act No. 7916.
• The Board


  The OMB shall be composed of four (4) ex officio members and five (5) regular members to be appointed by the President. The Chairperson shall be appointed by the President from among the five (5) regular members.
• Qualifications


  The regular members of the Board shall be Filipino citizens, at least twenty-one (21) years old, of good moral character and standing in the community, and with proven competence in the industry they represent: Provided, that the Chairperson shall be at least thirty- five (35) years old, of known probity and managerial and administrative competence: Provided, finally, That at least two (2) members of the board must be members of the Philippine Bar.
• Compensation


  The Chairperson shall receive a salary and allowances based on current approved standardized government compensation. The Vice-Chairperson and members of the Board shall receive honoraria and allowances based on existing government accounting and auditing rules and regulations.
• Meetings


  The Board shall meet regularly at least once a moth or as often as necessary at the call of the Chairperson. A majority of the members of the Board shall constitute a quorum to do business.
• Chief Executive Officer


  (a) Execute and administer the policies and the rules and regulations issued by the Board;

  (b) Establish the internal organization and administrative procedures of the OMB, and suspension for cause of its administrative and subordinate personnel;

  (c) Direct and supervise the operations and the internal affairs of the OMB;

  (d) Submit an annual budget to the Board for its approval;

  (e) Delegate his or her authority, in whole or in part, to other members of the Board.

  (f) Perform such other powers and functions as may be authorized.
• Section 12. The OMB Secretariat


  The OMB shall have a Secretariat, herein created, headed by an Executive Director who shall assist the Chairperson/CEO in the day-to-day operations of the OMB.
• Section 13. Licensing and Registration- Any person or entity shall, prior to engaging in one or more of the businesses enumerated hereunder, and secure the appropriate licenses from the OMB:

  (a) Importation or distribution of optical media, parts and accessories and manufacturing materials used for use in the manufacture or replication of optical media;

  (b) Operation of manufacturing equipment, parts and accessories, sale or use of manufacturing materials for the mastering replication of optical media; and

  (c) The mastering, manufacture, importation or exportation of optical media.
• Form, Term, Amendment and Renewal of License


  Every license shall be in a form prescribed by the OMB and shall be valid for a period of three (3) years subject to conditions as the OMB may impose. The OMB may amend or renew a license upon application made by the licensee in accordance with this Act.