THE CINEMALAYA MOVIES ON YOU TUBE CONTROVERSY

WEBSITE STREAMS PINOY 'INDIE' MOVIES FOR $1  

Dear Tonyboy Cojuangco, maybe it's time to replace your old-school focus group. During the CinemalayaX awards night held recently at the Cultural Center of the Philippines, the businessman who had been using his personal money to prop up the 10-year-old independent film festival lamented Cinemalay's sustainability, fearing that it is in danger of zero growth. "We are facing a situation that is approaching a plateau although we have grown geometrically over the past 10 years. It will reach a plateau because of the physical constraints of the number of theaters and CCP," explains Cojuangco. "As soon as we reach the capacity of theaters, that's your limit. Unfortunately, we are nearing that capacity and we are still subsidizing the festival," he adds. To solve this problem, the businessman formed a focus group and one of its recommendations was to "go beyond physical structures and go online." But that didn't turn out well: filmmakers raised their arms in protest when Cinemalaya posted their full-length films to YouTube, allegedly without their permission.

Cinemalaya officials maintain that the contract signed by 2012 and 2013 winners give the film festival digital rights to the movies. Nevertheless, it has removed the YouTube posts. Both Cinemalaya and the filmmakers have called for dialogues. Cojuangco thought of making the videos available for free on YouTube in order to entice and hook a new market of indie film lovers, the same way, he says, that telcos offered SMS for free when it was still new and started charging a peso per text only after users grew dependent on the technology. Yawn. Old school. Eventually, Cinemalaya would have charged for people to view those films. * READ MORE...

ALSO: Is Streaming or Watching Movies Illegal?   

Online streaming is gaining in popularity, and for some, it's replaced illegal (and legal) downloading altogether. The entertainment industry is undoubtedly annoyed, having tried so hard to kill Napster and BitTorrent sharing. But will it be able to do the same to online streaming? The answer to this question hinges on whether or not streaming songs -- and streaming movies -- is illegal for both the viewer and the poster. And as explained below, current law is a bit of a mixed bag. Is watching streaming movies illegal? There is currently no definitive answer to this question. Depending on the site and file type, online streaming may create a full-length temporary copy of the movie on your computer. Alternatively, the program may delete the data as you watch. Some courts have held that even temporary copies may violate the law. However, the Copyright Office contends there is no violation when "a reproduction manifests itself so fleetingly that it cannot be copied, perceived or communicated." Though the law is unclear, it is useful to note that owners, such as the MPAA, rarely go after individuals who watch streaming movies. Illegal or not, it's much more difficult to track these users down. Unlike BitTorrent downloads, the MPAA can't just sign into a program and snag IP addresses. * READ MORE...

ALSO: Cinemalaya apologizes for uploading of films on YouTube  

The Cinemalaya Film Festival on Sunday reiterated its apology to filmmakers who were affected by the alleged leak of full-length films on YouTube. “We wish to publicly apologize to the filmmakers and producers for the uploading their films last night,” Cinemalaya president Nestor Jardin said during the film festival’s awards night at the Cultural Center of the Philippines.
During his speech at the start of the event, Jardin said they are already organizing a dialogue with those affected, those behind Cinemalaya films released in 2012 and 2013, adding that the videos have already been taken down from the Internet. Cinemalaya Foundation chairman Antonio Cojuangco, however, said they wanted to post the films on YouTube to convince the public to consider watching and later paying for Cinemalaya films. “What we intended to do was let the market watch our films even for free,” he said. “We’re getting people to get hooked on our products. Nevertheless, the festival president said Cinemalaya this year was able to exceed its target of 92,000, reaching 92,222 ticket sales from August 1 to 9 alone.THIS IS THE FULL REPORT

ALSO: Cyber controversy caps Cinemalaya  

It was called a “blunder,” “a misstep,” “a nightmare.” Only hours before its awards ceremony Sunday, Cinemalaya was rocked by controversy when past films were uploaded on YouTube. Filmmakers took to social media to express their dismay. According to filmmaker Derick Cabrido’s Facebook page: The films (from the fest’s 2012-2013 editions) were uploaded by “a technical personnel of the Cinemalaya website yesterday (Saturday).”
The explanation purportedly came from a Cinemalaya insider, according to past and present Cinemalaya filmmakers that the Inquirer had spoken with on the phone. Filmmaker Emmanuel dela Cruz, however, said that the films have been online since late July on the Cinemalaya website. On his Facebook page, De la Cruz said: “We know how much you love these films, but if you download these films, you will kill the filmmakers who want to reach the audience in the right and fair manner.”

De la Cruz told the Inquirer in a phone interview: “Once you upload a film online, it will be vulnerable to piracy.”
Producer-filmmaker Alemberg Ang said he was “shaken” by the incident. Ang told the Inquirer in a phone interview: “Sadly, it’s in the contract we signed with Cinemalaya [that these films can be uploaded online].” Producer Noel Ferrer told the Inquirer: “It all boils down to utter disrespect to artists and their works. Why did this happen? Who ordered the uploading?” Filmmaker Jun Robles Lana told the Inquirer: “What a sad way to cap Cinemalaya’s 10th year. This is beyond legal issues. It’s a question of ethics and respect for Filipino filmmakers.” De la Cruz said that he hoped other filmmakers would also rise up, to defend their works. He expressed the hope that Cinemalaya would do right by the filmmakers and rectify the situation. “Will Cinemalaya stay true to its spirit?” * READ MORE...

ALSO: Controversy over online posting of films mars Cinemalaya awards  

PHOTO: Cinemalaya awardees (from left)Nora Aunor, Barbie Forteza, Cris Villonco, and Nicco Manalo show off their trophies during awards night on Sunday. Controversy has shrouded the Cinemalaya Independent Film Festival, which is celebrating its first decade as the country’s premier promoter of ‘indies.” Filmmakers whose works were shown in Cinemalaya are crying “violation of rights” after the foundation behind the filmfest posted 2012 and 2013 competition films online over the weekend. Among the protesting filmmakers are the 2013 best director, Hannah Espia (Transit), and the first year’s Best Film director, Auraeus Solito (Ang Pagdadalaga ni Maximo Oliveros). The two voiced their indignation during the festival’s awards night on Sunday at the Cultural Center of the Philippines. “I want to express my heartbreak over the upload of our films on YouTube . . . To see our films on YouTube is a violation of our rights as artists and filmmakers,” Espia, who accepted the New Breed Category’s Best Screenplay award for director Giancarlo Abrahan V’s Dagitab, said.

Espia, who co-produced Dagitab, said she and fellow filmmakers are demanding a dialogue with Cinemalaya officials. “We cannot stay silent,” she added. Solito, who now goes by the name of Kanakan Balintagos, read an official statement from the first batch of Cinemalaya participants. “We are in solidarity with our fellow filmmakers whose artistic rights were violated when their films were uploaded on YouTube and on the Cinemalaya website without their final consent,” he said.
The full-length films were uploaded to the Cinemalaya website and the personal YouTube account of a certain Janssen Agbada. In a statement posted in its Facebook account, the Cinemalaya Foundation said, “Only half an hour ago, we got wind of the fact that Cinemalaya films were uploaded by Janssen Agbada, technical personnel of the Cinemalaya website, yesterday. We apologize for this situation which we had no idea of nor we are aware of what or who caused or gave instruction for her to upload the films.” The films were eventually removed from the website and the YouTube account was taken down.

During the awards night, Tonyboy Cojuangco, board chairman of the Cinemalaya Foundation, claimed responsibility for the posting of the films. Cojuangco explained that for the past 10 years, he had struggled to subsidize Cinemalaya. He said he predicts that interest in the festival will “plateau” over the next few years. *CONTINUE READING...


READ FULL MEDIA REPORTS:

Website streams Pinoy indie titles for $1
 


Cinemalaya 2014 winners pose with the Cinemalaya officials. Photo by Kiko Cabuena

MANILA, AUGUST 18, 2014 (ABS-CBN) By James P. Ong, Coconuts Manila - Dear Tonyboy Cojuangco, maybe it's time to replace your old-school focus group.

During the CinemalayaX awards night held recently at the Cultural Center of the Philippines, the businessman who had been using his personal money to prop up the 10-year-old independent film festival lamented Cinemalay's sustainability, fearing that it is in danger of zero growth.

"We are facing a situation that is approaching a plateau although we have grown geometrically over the past 10 years. It will reach a plateau because of the physical constraints of the number of theaters and CCP," explains Cojuangco.

"As soon as we reach the capacity of theaters, that's your limit. Unfortunately, we are nearing that capacity and we are still subsidizing the festival," he adds.

To solve this problem, the businessman formed a focus group and one of its recommendations was to "go beyond physical structures and go online."

But that didn't turn out well: filmmakers raised their arms in protest when Cinemalaya posted their full-length films to YouTube, allegedly without their permission.

Cinemalaya officials maintain that the contract signed by 2012 and 2013 winners give the film festival digital rights to the movies. Nevertheless, it has removed the YouTube posts. Both Cinemalaya and the filmmakers have called for dialogues.

Cojuangco thought of making the videos available for free on YouTube in order to entice and hook a new market of indie film lovers, the same way, he says, that telcos offered SMS for free when it was still new and started charging a peso per text only after users grew dependent on the technology.

Yawn. Old school.

Eventually, Cinemalaya would have charged for people to view those films.

* Another option would have been to partner with Amazon, but that would have required more capital.

"If I uploaded to Amazon, it will have cost me US$8,000. Okay, Amazon would charge $2 per film but which films would I upload? There are 250 films right now in our library. If we decided to just show some of the films, then the filmmakers will ask us, 'how did you choose the film, what was your basis.' So it's really an all-or-nothing situation, either we upload everything or none at all," says Cojuangco.

In the meantime, while his focus group was busy brainstorming commercial solutions to a non-mainstream problem, an innovative digital solutions provider in Singapore has built TaraNoodTayo.TV, a website that currently has 23 movie titles in its database—including "Ang Pagdadalaga ni Maximo Oliveros" and "Tribu," both produced with Cinemalaya funding.

Since its launch on July 20, there have been 700 registrations with at least 10 percent of that buying movies, according to Mervin Caraan of Singapore-based Advent Integra Solutions.

Registered users must purchase a minimum US$10 credit. They can buy a movie for US$1 and view it as many times as desired within a 24-hour period. Most of the videos are in high definition format, but the website adjusts the resolution according to the viewer's bandwidth connection so that the movie streams as seamlessly as possible.

Now, why didn't Cojuangco's focus group think of that?

This article was first published on the Coconuts Manila website.

FROM FINDLAW.COM

Is Streaming or Watching Movies Illegal? By Stephanie Rabiner, Esq. on April 23, 2012 5:02 AM

Online streaming is gaining in popularity, and for some, it's replaced illegal (and legal) downloading altogether. The entertainment industry is undoubtedly annoyed, having tried so hard to kill Napster and BitTorrent sharing. But will it be able to do the same to online streaming?

The answer to this question hinges on whether or not streaming songs -- and streaming movies -- is illegal for both the viewer and the poster. And as explained below, current law is a bit of a mixed bag.

Is watching streaming movies illegal?

There is currently no definitive answer to this question. Depending on the site and file type, online streaming may create a full-length temporary copy of the movie on your computer. Alternatively, the program may delete the data as you watch.

Some courts have held that even temporary copies may violate the law. However, the Copyright Office contends there is no violation when "a reproduction manifests itself so fleetingly that it cannot be copied, perceived or communicated."

Though the law is unclear, it is useful to note that owners, such as the MPAA, rarely go after individuals who watch streaming movies. Illegal or not, it's much more difficult to track these users down. Unlike BitTorrent downloads, the MPAA can't just sign into a program and snag IP addresses.

* Is posting streaming movies illegal?

If you upload a movie and stream it without permission, you're probably breaking the law. You're hosting an unauthorized public performance of the film, which violates the owner's rights. If you make money off of the streaming, the owner can go after you for damages and profits.

Prosecutors can go after you, too. It's a misdemeanor, punishable by a fine and up to 1 year in jail, to "publicly perform" a copyrighted work without permission. This, however, is unlikely to happen unless you're running a large streaming site. Prosecutors don't generally have time to go after a single incident.

Thus far, none of the above has stopped the entertainment industry from trying to make all unauthorized streaming of movies illegal. Just last year, Congress considered a bill to elevate the public performance crime to a felony. But after the SOPA backlash, that legislation is still pending.

FROM THE INQUIRER

Cinemalaya apologizes for uploading of films on YouTube  By Kristine Angeli Sabillo | INQUIRER.netAugust 10, 2014 | 8:29 pm


Screengrab from http://www.cinemalaya.org/

MANILA, Philippines — The Cinemalaya Film Festival on Sunday reiterated its apology to filmmakers who were affected by the alleged leak of full-length films on YouTube.

“We wish to publicly apologize to the filmmakers and producers for the uploading their films last night,” Cinemalaya president Nestor Jardin said during the film festival’s awards night at the Cultural Center of the Philippines.

During his speech at the start of the event, Jardin said they are already organizing a dialogue with those affected, those behind Cinemalaya films released in 2012 and 2013, adding that the videos have already been taken down from the Internet.

Cinemalaya Foundation chairman Antonio Cojuangco, however, said they wanted to post the films on YouTube to convince the public to consider watching and later paying for Cinemalaya films.

“What we intended to do was let the market watch our films even for free,” he said. “We’re getting people to get hooked on our products.

Nevertheless, the festival president said Cinemalaya this year was able to exceed its target of 92,000, reaching 92,222 ticket sales from August 1 to 9 alone.

Cyber controversy caps Cinemalaya  By Bayani San Diego Jr. | Philippine Daily InquirerAugust 10, 2014 | 1:34 pm

MANILA, Philippines — It was called a “blunder,” “a misstep,” “a nightmare.”

Only hours before its awards ceremony Sunday, Cinemalaya was rocked by controversy when past films were uploaded on YouTube.

Filmmakers took to social media to express their dismay.

According to filmmaker Derick Cabrido’s Facebook page: The films (from the fest’s 2012-2013 editions) were uploaded by “a technical personnel of the Cinemalaya website yesterday (Saturday).”

The explanation purportedly came from a Cinemalaya insider, according to past and present Cinemalaya filmmakers that the Inquirer had spoken with on the phone.

Filmmaker Emmanuel dela Cruz, however, said that the films have been online since late July on the Cinemalaya website.

On his Facebook page, De la Cruz said: “We know how much you love these films, but if you download these films, you will kill the filmmakers who want to reach the audience in the right and fair manner.”

De la Cruz told the Inquirer in a phone interview: “Once you upload a film online, it will be vulnerable to piracy.”
Producer-filmmaker Alemberg Ang said he was “shaken” by the incident.

Ang told the Inquirer in a phone interview: “Sadly, it’s in the contract we signed with Cinemalaya [that these films can be uploaded online].”

Producer Noel Ferrer told the Inquirer: “It all boils down to utter disrespect to artists and their works. Why did this happen? Who ordered the uploading?”

Filmmaker Jun Robles Lana told the Inquirer: “What a sad way to cap Cinemalaya’s 10th year. This is beyond legal issues. It’s a question of ethics and respect for Filipino filmmakers.”

De la Cruz said that he hoped other filmmakers would also rise up, to defend their works. He expressed the hope that Cinemalaya would do right by the filmmakers and rectify the situation. “Will Cinemalaya stay true to its spirit?”


ADOLFO Alix Jr.’s “Porno”

* Dela Cruz posted an online link to report the problem to YouTube. The YouTube channel has since been taken down.

Cabrido posted a message from a Cinemalaya insider, which read: “Rest assured that we have reached [the technical personnel] already and we will make sure the YouTube account will be disabled or shut down to avoid further damage.

Again, our apologies for this situation.”

Ang said he was able to talk with a festival official who assured him that a dialogue would be held between organizers and the filmmakers.

Dela Cruz said that he hopes solutions would go beyond “damage control and result in meaningful dialogue.”

Tess Rances, deputy festival director, told the Inquirer that the controversy will be addressed tonight during the awards night and “that the issue will be discussed with the directors.”

Ang said on Facebook, in Filipino and English: “I owe my filmmaking career to Cinemalaya. If not for Cinemalaya, I will not be in this industry. I love Cinemalaya and wish nothing but the best for it. That’s why I hope we will get the chance to talk about it properly. It’s not just an issue of money. If it were just about financial gain, then we would’ve gone mainstream instead.”

Not a few admitted not being able to sleep as a result of the fiasco—including Ang and filmmaker Jose Javier Reyes.
Reyes was a past Cinemalaya participant (for “Mga Mumunting Lihim” in 2012) and a juror this year.

Reyes told the Inquirer: “I am disappointed that this had to happen right at the height of a very successful Cinemalaya run. But I need to hear the explanation of the organizers . . . [to know] who is answerable to such a fatal misstep. Giving free access to films even for a few hours is giving [enough] time for . . . their illegal duplication. This is tragic on the part of the filmmakers and financiers. Worse is the fact that bullets have been given to the festival’s detractors. . . regardless of the relevance of the issues at hand. The same people who were seen celebrating at CCP last week are now calling Cinemalaya exploitative and manipulative. . .That is equally tragic.”

The filmmakers hope to hear the explanation Sunday night at the Cultural Center of the Philippines during the awards ceremony of Cinemalaya X.

FROM THE MANILA TIMES

Controversy over online posting of films mars Cinemalaya awards  August 11, 2014 11:33 pm  by EUDEN VALDEZ STAFF WRITER


Cinemalaya awardees (from left)Nora Aunor, Barbie Forteza, Cris Villonco, and Nicco Manalo show off their trophies during awards night on Sunday. CONTRIBUTED

Controversy has shrouded the Cinemalaya Independent Film Festival, which is celebrating its first decade as the country’s premier promoter of ‘indies.”

Filmmakers whose works were shown in Cinemalaya are crying “violation of rights” after the foundation behind the filmfest posted 2012 and 2013 competition films online over the weekend.

Among the protesting filmmakers are the 2013 best director, Hannah Espia (Transit), and the first year’s Best Film director, Auraeus Solito (Ang Pagdadalaga ni Maximo Oliveros).

The two voiced their indignation during the festival’s awards night on Sunday at the Cultural Center of the Philippines.

“I want to express my heartbreak over the upload of our films on YouTube . . . To see our films on YouTube is a violation of our rights as artists and filmmakers,” Espia, who accepted the New Breed Category’s Best Screenplay award for director Giancarlo Abrahan V’s Dagitab, said.

Espia, who co-produced Dagitab, said she and fellow filmmakers are demanding a dialogue with Cinemalaya officials. “We cannot stay silent,” she added.

Solito, who now goes by the name of Kanakan Balintagos, read an official statement from the first batch of Cinemalaya participants.

“We are in solidarity with our fellow filmmakers whose artistic rights were violated when their films were uploaded on YouTube and on the Cinemalaya website without their final consent,” he said.

The full-length films were uploaded to the Cinemalaya website and the personal YouTube account of a certain Janssen Agbada.

In a statement posted in its Facebook account, the Cinemalaya Foundation said, “Only half an hour ago, we got wind of the fact that Cinemalaya films were uploaded by Janssen Agbada, technical personnel of the Cinemalaya website, yesterday. We apologize for this situation which we had no idea of nor we are aware of what or who caused or gave instruction for her to upload the films.”

The films were eventually removed from the website and the YouTube account was taken down.

During the awards night, Tonyboy Cojuangco, board chairman of the Cinemalaya Foundation, claimed responsibility for the posting of the films.

Cojuangco explained that for the past 10 years, he had struggled to subsidize Cinemalaya. He said he predicts that interest in the festival will “plateau” over the next few years.

* Searching for ways to make the festival sustainable, Cojuangco said he turned to a group of experts for suggestions. Putting the films online where they can be downloaded for free was what “they thought was the answer,” he added.

“The only way to get that is by giving them the chance to watch,” Cojuangco said. “It’s either we upload everything, or we upload nothing at all.”

Cojuangco said the foundation decided to upload all films it still had rights to. Cinemalaya holds the rights to the films it exhibits for three years.

That explains why the uploaded films were from the festival’s 2012 and 2013 editions.

Awards night hosts Ina Feleo, daughter of the late Johnny Delgado and Cinemalaya’s festival director Laurice Guillen, and Epi Quizon, son of the late King of Comedy Dolphy, noted that this year’s festival showcases some of the most trusted families in Philippine cinema like the O’Haras and the Siguion-Reynas.

Carlitos Siguion-Reyna made his return to filmmaking after 14 years on a high note. Hari ng Tondo, which he directed, won three awards in the Directors Showcase category: Special Jury Prize, Best Actor for Robert Arevalo and Best Supporting Actress for Cris Villonco.

Carlitos is the son of Armida Siguion-Reyna, and Villonco is his niece.

In accepting the awards for Siguion-Reyna, film producer and writer Bibeth Orteza said she was delighted to see the return of the “Reyna” name to the big screen.

Sisters Janice O’Hara and Denise O’Hara of the O’Hara clan accepted the Audience Choice award for Sundalong Kanin in the New Breed Category.

Nora’s 1st Cinemalaya award

Nora Aunor bagged the best actress plum in the Directors Showcase for her performance in “Hustisya,” a film by Joel Lamangan.

It was Aunor’s first time to join the indie film festival. “Sa wakas, nagkaroon din ako ng pelikula sa Cinemalaya [Finally, I had a film at Cinemalaya],” she said.

“I will continue to make meaningful films. I hope that it will serve as an inspiration to the youth,” Aunor added.

Eula Valdez won Best Actress in the New Breed category for “Dagitab” and Dante Rivero won Best Actor for “1st for ko si 3rd” in the Directors Showcase.

Villonco was Best Supporting Actress in the Directors Showcase for her role in Mariquina.

Best Supporting Actors were Miggs Cuaderno, a Kapuso child actor, for his role in “Children’s Show” (New Breed), and Nicco Manalo in “The Janitor” (Directors Showcase).

A special award for Best Ensemble Acting went to the cast of “#Y” by Gino Santos.

Major awards

For Short Films, Kevin Ang won Best Director and Screenplay for his film “Lola” while Sari Estrada got the Best Film for “Asan si Lolo Me?”

Michael Tuviera received two awards, Best Director and Best Screenplay, for “The Janitor,” while Joselito Altarejos got the Best Film honor for “Kasal” in the Directors Showcase.


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