Thursday, September 9, 2010

Ownership

Greater Boston Choral Consortium
Copyright for Choral Directors – A Resource Page
Last updated on 10/15/2008
Prepared with the assistance of Professor Alfred C. Yen,
Boston College Law School

Welcome! Given the frequent and widespread uncertainty about the laws related to copyrights and permission to perform, record, and distribute choral works, the Greater Boston Choral Consortium (GBCC) presents this resource page to educate its member organizations and others specifically about copyright law related to the activities of choruses. Copyright is a complex and frustrating area of the law, even for experts. It is therefore impossible to tell you everything you need to know in order to make sure your chorus takes full advantage of its copyright rights and avoids violating the rights of others. However, it is possible to give you some background about how copyright works, answer some common questions, and provide you with links to further resources. We hope you will find it helpful!

Elizabeth Van Ranst (for the GBCC) and Alfred C. Yen



PLEASE NOTE BEFORE PROCEEDING: This resource page is an educational resource. It provides no legal advice, nor does it create an attorney-client relationship between you or your chorus and anyone associated with this website. Consultation with an attorney is the best way to understand your rights and responsibilities under copyright law.



Good Basic Resources:

* For a short explanation of copyright, see “What is Copyright” at the U.S. Copyright Office Website.
* For an explanation with more detail, see the various resources at the Stanford Fair Use Project, look at particularly the Copyright Overview section.
* For many valuable resources and links, including how to register various kinds of works, look at The U.S. Copyright Office Website.

Additional Resources:

* National Association of Music Educators Copyright Center. Site with links to information of interest to choruses.
* Volunteer Lawyers for the Arts of Massachusetts. A place to start if your chorus needs legal assistance.
* Copyright Society of the USA. Website has FAQ and links to other resources.
* Copyright information section at Hinshaw Music, explaining copyrights for musicians.
* Choral Public Domain Library. Has information about the public domain and scores that are now in the public domain.
* Music Biz Academy. Information about the music business and links to sites.
* Title 17 of the United States Code (the federal legislation governing copyright).

Frequently Asked Questions that will be addressed below:

1. What works does copyright protect, and when does a work fall into the public domain?
2. What does having a copyright do for the copyright holder?
3. Should the copyright be registered (and how/where), or can it just be indicated by using a “c” in a circle?
4. How does a chorus get a license to use a copyrighted work?
5. What are ASCAP, BMI, SESAC, and the Harry Fox Agency, and why are they important for choral groups?
6. What are performance and mechanical licenses, and when is each required?
7. What is fair use?
8. I've bought a piece of music for my chorus. Can I photocopy it if we need extra copies?
9. How about copying a selection from a piece of music so I need not hold the entire score?
10. Can a chorus print the words being sung in a concert program?
11. Can other choruses borrow our scores? What is the First Sale Doctrine?
12. Why do we need to pay for performance/other rights when we've bought the scores for the music we are singing?
13. What music doesn't require performance rights?
14. How does being a non-profit or a profit making organization or professional/amateur operation affect requirements for licensing?
15. How does the venue affect whether a license is required, e.g., Christmas caroling in a town center, singing at a funeral, at a private party?

1. What works does copyright protect, and when does a work fall into the public domain?
This is a very important question that is central to the rights and responsibilities of choruses, for public domain works may be used by anyone in any way at no cost. Accordingly, a chorus that wants to perform or record a work should attempt to determine whether the work is in the public domain. If so, the chorus can use the work as it pleases, without a license.

Almost without exception, copyright protects musical compositions unless the composition has fallen into the public domain. The most common way for a work to fall into the public domain is the passage of time. As a general rule, for works authored (i.e. created, but not necessarily published) on or after Jan. 1, 1978, copyright lasts for the life of the author plus 70 years. This means that any work created on or after Jan. 1, 1978 is almost certainly under copyright (although there are a few other ways for a work to lose copyright that need not be summarized here).

For works authored prior to Jan. 1, 1978, copyright lasts 95 years from publication. Accordingly, works published more than 95 years ago are in the public domain, subject to relatively obscure technicalities about the meaning of “publication.” Thus, a work written by Handel and published during his lifetime (as opposed to a recently discovered, unpublished manuscript) has fallen into the public domain.
Generally if work authored: Copyright in effect:
Before January 1, 1978 For 95 years from publication
On or after January 1, 1978 For 70 years after the composer's death

If a work was published less than 95 years ago, but before Jan. 1, 1978, the work probably has remained under copyright, regardless of when the work was authored. However, there are two important ways in which copyright may have been lost. First, before Jan. 1, 1978, publication of a work without notice generally placed the work in the public domain. Second, failure to properly renew a work’s copyright had the same effect. Determination of whether either of these possibilities has occurred involves complicated points of law, in part because Congress has changed American copyright law to make forfeiture of copyright less likely. Therefore, if you intend to treat a work written before 1978 and published less than 95 years ago as a public domain work, it is important to consult an attorney first.



2. What does having a copyright do for the copyright holder?
This question is also very important because copyright gives copyright holders certain specific rights. Those who want to use a copyrighted work in a fashion covered by one of those rights must obtain a license before doing so or find an exception (such as fair use) permitting the intended use. However, uses not covered by these rights are free.

Section 106 of the Copyright Code grants the copyright holder six exclusive rights. Many affect the legal rights and responsibilities of choruses:

* to reproduce the copyrighted work in copies or phonorecords
* to prepare derivative works based upon the copyrighted work (i.e. add new lyrics to a song, create new arrangements, translations, etc.)
* to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending
* in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly
* in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly
* in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. Note that digital audio transmission applies to things like “radio broadcasts” over the Internet, but not traditional “over the air” broadcasting.

Example: Suppose a chorus wants to perform a copyrighted work in a local concert hall. The chorus also intends to record the performance to make CDs that it will sell, and the chorus will also place the recording on its website for others to hear.

Each of these uses requires a license from the copyright holder. The performance involves the right of public performance. The recording and sale of CDs involves the rights to reproduce and distribute copies and phonorecords. The Internet posting involves either (depending on the specifics of how the Internet is used) the rights to reproduce and distribute copies of the work or the right to perform the work publicly by digital audio transmission.

Some of the mechanics of obtaining the necessary licenses are discussed below. However, the important message for choruses is that their typical use of copyrighted works (e.g. public performance–including playing or transmitting the work from a website, recording, and sale of recordings) generally requires licensing.



3. Should the copyright be registered (and how/where), or can it just be indicated by using a “c” in a circle?
It is important to distinguish between registration and notice, which have different functions. Registration refers to filing a formal record of copyright ownership with the U.S. Copyright Office (an administrative agency under the Library of Congress). By contrast, notice refers to the placing of a prescribed mark or phrase (generally the “©” symbol, along with the date and copyright holder’s name) on copies of a work to advise others of the copyright holder’s claim of ownership in the work.

Registration is important because it is a prerequisite to filing a lawsuit to enforce a copyright. (It is not a prerequisite to gaining copyright protection, however.) The copyright statute allows registration at any time, so copyright owners who have not registered may still do so immediately prior to filing a suit. However, a delay in registration means that the copyright holder loses the ability to recover attorney fees and certain types of damages if she sues for infringement committed before registration.

Notice was formerly important because publishing a work without notice placed the work in the public domain. This is no longer the law. You cannot rely on the absence of notice to conclude that copyright does not protect a work. The primary value of notice today is to identify the owner of copyright in a particular work.

See also:

* “How to Register” on U.S. Copyright Office Website
* “Notice of Copyright” on U.S. Copyright Office Website
* Hinshaw Music

Back to FAQ's

4. How does a chorus get a license to use a copyrighted work?
In theory, a chorus need only contact the owner of the copyright (not necessarily the composer, as composers frequently sell their rights to music publishers) and get permission. Typically, a copyright holder will ask for a payment in return for permission.

If you are unsure who the holder of a copyright is, you can search the Register’s records. Please note, however, that failure to find the work or its owner in the Register’s records does not necessarily mean that a work is in the public domain. As noted earlier, registration does not affect the existence of copyright protection. However, a copyright holder must register before bringing suit, and failure to register affects the range of remedies a copyright holder can recover. Thus, copyright may protect a work even though the owner has not registered the work.

The process of obtaining a license for every work a chorus wants to perform could take a lot of time. Fortunately, there are private organizations such as ASCAP, BMI, and SESAC that sell so-called “blanket licenses” on behalf of many composers. The activities of these organizations are discussed below.



5. What are ASCAP, BMI, SESAC, and the Harry Fox Agency, and why are they important for choral groups?
ASCAP, BMI, SESAC, and Harry Fox are licensing organizations that represent the interests of copyright holders in musical works. ASCAP, BMI, and SESAC perform different functions from Harry Fox.

ASCAP (the American Society of Composers, Authors and Publishers), BMI (Broadcast Music, Inc.), and SESAC (Society of European Stage Authors and Composers) operate on a collective basis to negotiate and collect fees for the public performance of musical works. Remember that copyright holders have the exclusive right to control public performance of a copyrighted musical work. As a general rule, the copyright code defines a public performance as one taking place at a place open to the public or a place where more than a family and its normal circle of social acquaintances is gathered (some exceptions are discussed below). Transmissions (e.g. broadcasts) of a work to a public place also qualify as public performances. Accordingly, whenever music is heard in a public place, a license for the performance is generally required.

For those who regularly perform many copyrighted works (e.g. radio stations, orchestras, and choruses) or those who operate locations where music is regularly performed (e.g. concert halls, bars, etc.), the process of obtaining a license from each individual copyright holder would be very cumbersome. ASCAP, BMI, and SESAC streamline this process by selling so-called “blanket licenses” that cover large libraries of works. Accordingly, a radio station, performing group, or concert hall can buy an ASCAP license and know that it now has a license for any public performance within the ASCAP library. Similar arrangements can be made with BMI and SESAC.

Harry Fox differs from ASCAP, BMI, and SESAC in two ways. First, it does not sell licenses for public performances of works. Instead, it sells licenses for the mechanical reproduction of works (e.g. the making of CDs), use of musical works in conjunction with films, plays, and TV commercials (so-called “synchronization license”), and digital transmission. Second, it sells licenses for individual works, as opposed to the libraries of works that ASCAP, BMI, and SESAC license.

ASCAP, BMI, SESAC, and Harry Fox matter to choral groups when their activities implicate the rights that these organizations license. Thus, a chorus giving a public performance needs a license for the works it will perform (unless they are in the public domain). A license from ASCAP, BMI or SESAC would likely cover these performances (a chorus should check to make sure that a work being performed is in fact included in any blanket license). Similarly, if a chorus wanted to make and sell a recording or video of one of its performances, Harry Fox would sell the type of license required for many works. In many cases, licenses may be obtained from these institutions by visiting their respective websites, which are listed below.

Example. To show how a chorus might need to contact one or more of these organizations, let us return again to the example of a chorus that plans to give a public performance of a copyrighted work in a local concert hall, record that concert to make and sell CDs, and make the recording available to listeners on the chorus’s website. With respect to the public performance, the necessary license can probably be obtained from ASCAP, BMI, or SESAC. If the license cannot be obtained from these organizations, or if the chorus finds the price too high, the chorus must locate the copyright holder and obtain a license directly from him or her. Because ASCAP, BMI, and SESAC sell licenses to libraries of works, it is possible that a license covering a single work will cost less if obtained from the copyright holder. Also, as noted above, in many cases, the concert venue may already have a license that covers the performance, and, if so, the chorus need not obtain an additional license. With respect to the recording, manufacture and sale of CDs, the necessary license can be obtained from the Harry Fox Agency. Finally, with respect to the Internet usage of the recording, a license must be obtained from either ASCAP/BMI/SESAC or the Harry Fox Agency. In most cases, a chorus would likely start by contacting the Harry Fox Agency because Harry Fox sells licenses concerning individual works, and the license would be needed for only a single work (click here for a link the Harry Fox page concerning digital uses). It is also possible that a chorus would prefer to get a blanket license from ASCAP/BMI/SESAC if it uses so many works on its website that getting individual licenses would be cumbersome or too costly. Regardless of which path a chorus chooses, consultation with an attorney concerning digital uses is recommended because there are technicalities about the precise terms of licenses and the precise form of digital use that affect whether any particular license from a particular agency grants the necessary rights.

See also:

* ASCAP's Website
* BMI's Website
* SESAC’s Website
* Harry Fox Website
* Information on Harry Fox Mechanical Fees from Hinshaw music

NOTE
This copy is from the facebook fan page fo Sir John August Pamintuan. I shared it so that more and more choral diretcors may know about existing laws on copyrights and feel so that their works are being protected legitimately.

Sight

Many times we try to look pero defocused tayo... hindi natin maintindihan kung ano ang gusto nating makita but still we try to look closely and then find something beautiful indeed.






Tribes

Some Observations While Watching Survivor Philippine Celebrity Showdown

Napakasayang mapanuod muli ang idol kong si Richard sa telebisyon although now is not like acting type but more of hosting, nasa primetime pa rin siya ng weekdays.

Ipinaglaban pala talaga ng Survivor ang slot na nakuha rin naman nila. Supposedly, sa late primetime dapaat yun eh pero now it is aired right after 24 Oras dahil sabi nila quote and quote, puwede raw itong panuorin ng mga bata dahil less ang murahan at away. Although pagdating sa skin exposures, mukhang hindi naman.

Ang pinakamahalaga siguor na puwedeng matutunan ninuman ay ang Value fo Human Instinct for Survival. Yung pagpapakita nila ng less relevance to materialism. Matanto ng nanunuod na hindi pala lahat ng meron tayo kailangan natin para mabuhay. Na pagdating pala ng "huwag naman sana"/worse comes to worst ay ang buhay lang pala natin at ang persistence natin to prolong it ang mananaig at hindi ang mamahaling damit at bahay.

Ang importansiya ng pagkakaisa sa bawat tribo na maaaring kapulutan ng aral hindi lamang ng mga ethnoanthropologists kung hindi pati na rin ng bawat isa na may community. The life when you are isolated at kapag araw araw na kayo lang ang nagkikita at secluded kayo from the world.

In my study of Community Communication, na realize ko na hindi pala tumatagal ang contact ng tao sa isa't isa. Masdan mo ang paligid mo at tingnan, gaano katagal mo nakakasalamuha ang lahat ng tao sa paligid. Only those na nasa closed community lang ang nagkikuita kita at naguusap ng matagalan. Sometiems wala tayong paki sa iba kasi sa sobrang dami ng tao sa paligid, ang dami rin dapat i-attend at wala talaga tayong time to know each other gaya noong unang panahon.

Speaking of tribes heto ang list ng mga tribes at mga members na nakuha ko from Wikipedia.

Contestant Original Tribe Finish Total Votes
Princess Snell
StarStruck finalist None Quit
Day 2
0
Ahron Villena
Actor Nagar
Aira Bermudez
SexBomb Girls member Sar Mayee
Akihiro Sato
Model and TV actor Sar Mayee
Aubrey Miles
Film and TV actress Sar Mayee
Buhawi Meneses
Parokya ni Edgar bassist Magan
Elma Muros-Posadas
Athlete Magan
Jon Ervic Manalo Vijandre
Basketball player and model Sar Mayee
Ferdinand "Doc Ferdz" Recio
Veterinarian and TV host Magan
Ian Batherson
StarStruck finalist Nagar
Jon Hall
Model Nagar
Glomirose "Karen" delos Reyes
Actress and former commercial model Sar Mayee
Michelle Madrigal
Actress Nagar
Mico Aytona
TV host Magan
Moi Marcampo
Commercial model Nagar
Myka Flores
Comedienne Magan
Ronaldo "Pretty Trizsha" Celso
Stand-up comic Sar Mayee
Solenn Heussaff
Model and make-up artist Magan

Culpability

When a dog bites a man, it is not news. When a man bites a dog that’s news.”

Nagkaroon ng hearing and Incident Investigation and Review Committee {IIRC} noong Monday at dinaluhan ito ng mga kasapi at kinatawan ng RMN DZXL na siya nga raw umanong huling nagkaroon ng interview kay Capt. Rolando Mendoza noong kainitan ng hostage fiasco. Sa sala ni DOJ secretary Leila de Lima, kinilala ang mga taga-media bilang resource persons at hindi suspects bagaman sa mga susunod na pagkakataon ay sinabi ni De Lima na tutukuyin kung accountable nga ba ang media tungkol sa kaso.
Gaya ng nasabi, mula sa DZXL, dumalo sila Micheal Rogas at jake Maderasu. Kasama dapat si Erwin Tulfo pero noong Tuesday siya lumabas kasama nila Susan Enriquez. Naroon rin ang dating senador na si Aquilino Pimentel na tumayong abugado ng RMN at maging ng media sa kalahatan. Ang ng ginawang ito ni Pimentel ang isang bagay na nagpahanga sa akin. Sa isang statement ni Pimentel, binanggit niya…
“Syempre pro bono yun,. Eh kung i-charge ko yun hindi kakayanin eh. Alam mo sa buhay hindi naman pera pera lang ang mahalaga. There are certain values na kung kailngan ng pagkakataon, you have to do for free.“

Naalala ko tuloy yung hearing sa pelikulang “Amistad” ni Steevn Spielberg kung saan ang mga African victims of human trafficking ay ipinagtanggol ng isang ex president [of course si John Quincy Adams]. Ang galing kahit pa ulyani na si Adams at matanda na. Pinatunayan lang ng matandang Pimentel gaya ng ex-president na si Adams, na tunay siyang de kalibreng mamababatas, manananggol, at public servant. Silang dalawa ni De Lima ang pinakakatiwatiwalang tao sa courtroom na yun. Pakiramdam ko si De Lima ang pangulo ng estado sa kasalukuyan. Kasi nga hindi mo naman nmaramdaman ang presensiya ng pangulo. Sabi nga ng isang kaibigan, “huwag kang magtaka kung isang araw dalawa na ang rpesidente at hinatin na ang Malacanang gaya ng DILG.” Ano yun symbolic na lang yung inihalal natin?

Ang pinatkatanong naman talaga ay kung kanino ang “Mea Culpa” at kaninong ulo ang gugulong. Nauna na ang pangulo na umako ng full responsibility pero hinsi naman ito matatanggal sa puwesto. Hindi naman puwedeng papalitpalit ng pangulo dahil ibig sabihin walang stability. At ang media dapat nga bang sisihin?

Nanghihinayang ako sa pagkakataong ito, hindi ko na matatanong ang lahat ng professor ko sa broadcast at Comm Arts tungkol sa kanilang pananaw hinggil dito. Ang alam ko lang, sinabi ni Pimentel na walang nilabag sa KBP Code at sa Penal Code ang mga client niya. He should know, he’s a lawyer. Pero napagalaman ko na mabilisan lang din niya binasa ang KBP Code at sa Boradcast Code ay may nilabag sila sa Article VI. But that is not here to be discussed kasi I am not a lawyer. Sinabi na rin naman ni Senator Gringo Honasan na wala daw nilabag sa prankisa ng senado na inilaan s amedia ang mga mamamahayag.

Actually, nasa mga pulis ang pagpapasya sa regulasyon ng hostage crisis. Dapat sana sinabihan nila ang media kung hanggang saan dapat sila makiaalam dahil baka nga mabuko ang operasyon, remember may TV set sa loob ng bus. Ang problema kasi, kulang sa kaalaman about the bus ang kapulisan. May isa ngang namatay dahil sa bubog. Nasa may likod ang hostage, maya tama sa balikat at di makakilos pero buhay hindi patay. Tinamaan siya ng bubog ng fiber glass. Isipin mo, hindi ordinaryong salamin… talagang patay ka! Isa lang ang alam ko kung bakit nagawa na ring i-cover ng media lahat lahat at wala nang sistematikong pamamaraan noon—dahil noong panahong yun wala tayong pamahalaan. Walang nasususnod, walang plano, walang organisasyon, walang kontrol kaya bara bara ang lahat.

Hindi dapat sisihin ang media. Sa totoo lang mas alam pa ni Maria Ressa ang ginagawa nila kaysa sa Communication team ng Malcanang. May problema sa Communication ng Malacanang pero wala sa broadcast. Ito ang mandate ng broadcasting;
1. To inform and eventually educate the populace about what is happening and all the things they need to know prior to their basic rights for information and freedom of expression.
2. To solicit public opinion and mold cultural, political, national, and sociological psyche of the people while being fed with all necessary details that may affect tehir very lives as part of a community and nation.

Tungkuling ng media na gawin ito, provided hindi sila dinidisarmahan ng mga opisyal ng pamahalaan at ng anumang batas internasyonal or hanggat walang ibang karapatan na nilalabag ang kanilang wastong pamamahayag. Ang mga nagtatrabaho sa media ay rasyonal ring tao. Alam nila na dapat ganito at dapat ganyan pero ang hirap walang sumubaybay sa kanila. Anmg tanong… ano ang ginagawa ng pangulo ng Republika ng Pilipinas? Siya na iniluklok ng taong bayan upang tumayong ama ng bansa na dapat ay pumalo sa anak na nagwawala. Nasaaan ang pangulo noong tumawag ang punong ehekutibo ng Hong Kong? Oh hindi ba’t kapalpakan ito ng opisina ng pangulo at hindi ng himpilan ng media? May problema sa Communication hindi sa broadcast. Dahil nga kasi may paksiyon sa loob mismo ng administrasyon.

At matapos ang mahabang pagbubulay bulay naabot ko rin ang nibel ng pagkakaroon ng isang paglalahat kung sino talaga ang dapat na sisihin; walang iba kung hindi ang sambayanang Pilipino na nagkaroon ng maling desisyon noong ika 10 ng Mayo. Ang mga nabulag sa simpatay sa isang anak na anaulila sa mga magulang. Ang mag taong ayaw pala ng pangulong naninigarilyo pero ibinoto pa rin. Ang mga nabulas sa pangakong aayusin ang gusot ng nakalipas na administrasyon at inakalang ito lamang ang nakaatang sa balikat ng pangulo.

Nalimutan ng sambayanang Pilipino na ang pagiging pangulo ay isang gampaning pinaghahandaan ng buong buhay. Ito ang isang tawag na kinakailangan ng matatag na gulugod. Nagkamali ang maraming Pilipino! Hindi pa handa ang bansang ito na maghalal ng isang pangulo na gaya ni Gordon. Alam nating hindi ito mangyayari kung siya ang pangulo. Simple. Dahil alam niya kung paano maging isa.
Kung hindi ikinober ng media ang hostage taking, hindi natin malalaman ang mga sumusunod;
1. Na santing ng kabulukan at walang sapat na kakayahan ang pulisya ng Pilipinas.
2. Na mayroon pala tayong dalawang gabinete sa ilalim ng iisang pangulo [yun nga ang mga sumuporta sa Noy-Mar at Noy-Bi].
3. Na may labing isang oras palang sinayang si Pang. Aquino na dapat ay nagpatawag siya ng Crisis Committee team at inupuan ito. Naganap naman ito alas dose ng hating gabi noong patay na ang 8 hostages.
4. Na hindi kinontak ni Pang Aquino ang HongKong upang ipaalam aito at isali sila sa usapan, bagkus ang punong ehekutibo pa ng Hong Kong ang naghahanap sa pangulo at hindi mahagilap.
5. Na nawawala ang pangulo noong kailangan siya ng Pilipinas at Hong Kong.
6. Na may pagkakataon siyang manwagan sa hostage taker sa pamamagitan ng telebisyon subalit hindi niya ginawa.
7. Na ang pangyayari ay isolated lamang sa isang pook sa Pilipinas at walang dapat ipangamba ang mag manunuod at maging ang mga nagaalalang kamaganak sa ibang bansa dahil safe sa kanilang kinaroroonan.
8. Na hindi sineryoso ng kapulisan ang ginawa ni Mendoza hanggang sa napagod ito at inatake ng hysteria noong matapos ang deadline niya.
9. Na wala tayong pamahalaang noong Agosto 23 2010 at bumalik lamang noong ika 12 ng umaga, Agosto 24 2010. Wala ring Tourist Police ang Pilipinas na dapat sana’y siyang nagmamatyag sa lahat ng mga dayuhan sa Pilipinas na nagbabakasyon lamang.
10. Na dapat sana’y buhay pa ang mga hostages subalit humantong sa masaklap, madugo at marahas na katapusan. Isang pangyayaring magiging palaisipian sa sangkatauhan sakaling nagpinid ng telon ang media.

Ngayon dapat bang sisihin ang media? Mamayang hapon, haharap sa media mismo ang pangulo para ipaliwanag ang ilan sa mga nabanggit na pagkukulang. Gaya ng nasabi ko na, gusto ko lamang i-share ang isang debate patungkol sa pagkakaiba nila Aquino at Gordon na nabasa ko sa notes ni Owry Aureus noong kasagsagan ng kampanya. Heto ang sinabi…

CONTEXT: Steffi Sales defends the argument of Carlo Demaisip that Noy is the best candidate for president. My stance is for Dick Gordon. Keep reading and decide who makes more sense. Furthermore, join the debate. Don't be shy. We have to keep people talking.

***

(1.) “your entire argument revolves around the fact that Noynoy is inexperienced”

Yes. This is my argument. But take note that I never used the word “inexperienced” (referring to my reply to Carlo's work) in my response. There is a difference between “inexperienced and “lack of experience”. I’m leaning towards the latter.

(2.) “Noynoy’s lack of indebtedness to political machinery is a plus over traditional politicians.”

To think that he lacks indebtedness to a political machinery overlooks the fact that he’s being propelled to the top by “other” people rather than his personal merit that is demonstrated by his poor track record. Furthermore, since Noy can’t get to the top by selling to the public his achievements, do consider that it’s media that’s pushing him up, think ABS CBN and Lopez -

“Just think about it; since these media outlets are supporting Noynoy Aquino, Noynoy will owe them a huge favour. This means that these media outlets will continue to feed us the same crap that contributes to the dumbing down of the electorate. It’s time to change the channel!” http://antipinoy.com/a-vote-against-noynoy-aquino-is-not-a-wasted-vote/

I’d like to even argue that Noy is the traditional politician: Someone who has hardly and concrete accomplishments, lacks innovation, etc, but somehow was able to win an elected position as important as a legislator of a country because people remember his last name Aquino. Had he not been the son of heroes, would people bother thinking about him? Probably not.

(3.) Your three responses and my rebuttals:

a. “he is not Cory. He has had years of legislative experience”

First of all, he’s running for an executive position. There’s a difference. Next, yes, he’s not Cory. If you use this argument, please drop your point “What has mere efficiency alone done for us in the past? A myriad of self-interested politicians” I’m supposing you’re talking about Marcos, Gloria, etc. Gordon is not Marcos and neither is he Gloria.

b. “he does not need to have controversies miring his political career, nor does he need to have billboards and posters proclaiming his contribution to a certain city project”

I haven’t heard of any controversies against Perlas. Why not vote for him? Furthermore, these controversies must have some tangible proof. Minus Villar, the other candidates like Gordon, Perlas, etc, last I heard, were not entangled in some scandal or controversy.

About the billboards: It’s just that Noy hardly has anything concrete to advertise. Research how many hospitals or schools he was able to build in Tarlac and you’ll understand why. This is, I suppose, the reason why the media pitches him to be “different” when in fact he just doesn’t have anything to show.

Noy doesn’t need billiards precisely because he can’t put anything on it.

c. Steffi Sales questioned the legitimacy of my claim that “once this euphoria over the Presidency disappears, no concrete results will arise and Noynoy will not be able to hold true to his promises”

I call it a prediction based on the facts that I currently have, credentials of presidentiables, which gives me the capacity, limited it may be, to gauge the risk that comes with a Noy presidency. In short, I review the resume of my candidate. Until the day “The Assembly” ditches the need for candidates running for that organization’s leadership positions to show their work-related experience, until the day that “The Political Science Deparmtent” ditches the need to have candidates for the Departmental Award submit a resume, until the day that Ateneo no longer requires you to submit your high school grades when you apply for the school, I’ll keep using this argument.

The other Presidential candidates have so much more than Noy: http://antipinoy.com/noynoy-aquinos-supporters-are-they-anti-intellectual/

I’d rather risk the lives of 90 million Filipinos, a significant number of them living below the poverty line, on someone who has proven, through concrete achievements, that he can do the job. Noy is not this person.

i. About your comment Noynoy, not Gordon, who is considered to be the main threat of the administration at present, so much so that even Villar’s cronies are at risk of having to leave the country the moment Noynoy wins the presidency… over-all capability over Gordon to at least slowly but potentially wipe away the corruption prevalent in the system

You have to prove that Noy can do a better job. What’s your basis? The indebtedness to the political machinery? This doesn’t fly given the answer I’ve provided above. Check (2.)

What then is Noy’s superiority when it comes to being the threat to the administration? Do expound on your claim that Villar’s cronies are at risk of having to leave the country if Noy wins. Enlighten me.

There is this general, I think, understanding among people that though Noy lacks experience, as admitted by a LOT of his supporters, we’re still going to be okay and this is ideal since it means he has to consult with advisers and we, the public, must continuously be engaged in politics to help him out. I disagree. In a democracy of 90 million people spread across more than 7 thousand islands and having inhabitants speak several dialects, this is like hoping to hit the moon with a spitball.

Furthermore, the administration’s party is falling apart. Where are the Arroyo loyalists moving? They’re not just switching sides to Nacionalista. They’re also moving to the Liberal Party. The people who are allegedly going to help Noy dismantle the Arroyo administration are from the Arroyo administration. I could easily argue that they shifted loyalty not because of a change of heart but simply because they’re going to protect the Arroyo from within the ranks of the party that is supposedly going to chase after our highly disliked president. Given the harsh reality of the world we live in, I’m willing to bet a week’s worth of allowance that it’s the latter and not the former.

(4.) You want to vote for Gordon basically because “he knows what he’s doing” and he has a lot more “political craft” than Noynoy does… You imply two things, the first of which is political experience… (then) efficiency.

About political experience, Gordon has been in government for 33 years. He has been the executive of Olongapo where he served there as the mayor as well as the chairman of the SBMA. He was able to lead the recovery of his people from the devastation due to the eruption of Pinatubo and the flight of the Americans. He led the Department of Tourism, the Philippine National Red Cross, and now he’s a senator of the Philippines.

It’s a risk assessment. I’d rather have someone who has had a similar work-related experience for the job of leading a country of 90 million people. Give me Noy’s credentials that outshine Gordon’s, Gibo’s, Perlas’ accomplishments and I’ll shut up. About the Binay argument you raised, show me that Binay has done more than Gordon and I’ll shut up. Until then, my vote goes for Dick. Giving it to someone who pales in comparison to his competition just doesn’t make sense. Convince the Political Science Department to give Aureus the Departmental Award instead of honoring Tugade and I’ll shut up. Until that day comes, I’ll use this argument because it makes most sense.

(5.) About Gordon’s political experience (means that he is) part of the system (because of) his “ability to work with the present, exacerbated, repulsive system, which allows for his efficiency”

To think Noy is not as enmeshed as the other candidates in this system is downright naïve, irresponsible, and very, very dangerous. See my answer in (2.) to find out why. Furthermore, given his poor track record in comparison to his competition’s credentials, I’d rather have someone who is part of the system but is able to efficiently do his job over someone who is part of the system but hardly gets anything done. Take your pick. I choose Gordon.

(6.) What has mere efficiency alone done for us in the past?

My reply to this is very simple. What has inefficiency and lack of innovation done for us?

(7.) We’re not contextualizing Noynoy as having some sort of Messianic complex.

Tell that to the Ateneans who will vote for him because of his “Moral Ascendancy” and who will vote solely because of that category.

Furthermore, I ask Noy supporters: If Noy is Moral, does that make the other candidates any less Moral? You can still take your pick among the other presidentiables – Gordon, Gibo, Perlas, Bro. Villanueva, etc.

Had Noy not been Cory’s son, would people be considering him as someone who is “Moral” I heavily doubt it. In the end it's all about his last name "Aquino". But don't forget, he's also a "Cojuanco".

(8.) But the problem with a lot of people today is that they cannot seem to fathom a government unlike what we have now, not seeing possibilities beyond efficiency and effectiveness in politics, lacking in the critical analysis of this very system of obsession we are embedded in.

Tell that to a malnourished and hungry kid in war-torn Mindanao. If it takes away his hunger, gives him an education, sends him to a doctor when he’s sick, and provides more opportunities for a better life, I’ll shut up and vote for Noynoy.

(9.) What is so wrong with complete efficiency? There are countless reasons, but one answer to this is the fact that this gives everybody else permission to be negligent towards political action and discourse. The aim should always be to keep the accountability of everyone by maintaining political engagement beyond May 10.

You’re right, the aim should be participation even beyond May 10. If Noy wins, people desperately have to participate to make sure he makes the right decision and we save this country.

But I could easily argue here that Manny Villar should win because, since we know he’ll rob us until we’re more than desperately broke, we’ll be on our guard, we’ll be more vigilant, we’ll be more discerning and critical.

Unlike Noy, since everyone is mesmerized by his theoretical “capacity” to introduce change, when the pack of wolves he unwittingly releases, I’m referring to the people around him, this includes the cojuancos, starts chewing us up and pillaging our cities, we won’t notice it. Why? Because we’re looking at Noynoy who was the Trojan horse.

(10.) To the people who read this, please vote for a presidentable who knows what he’s doing. Fact is, Noy ain’t it. Furthermore, why not join the debate? Go!


Ngayon, na-solve kaya ng ayos ang crisis kung si Gordon ang pangulo?

Wednesday, September 8, 2010

Mediatrix

In celebrating the birthday of the blessed Virgin, we are compelled to reflect and ponder on the lifestyle and virtues of the Lady who bore the Lord Jesus Christ.

She is the pure woman who was preserved from her very conception and that event of her birth remembered today is the second to the final act of Jesus incarnation.

It is very crucial then that we recognize her birth as a step towards the redemption of humanity, something which is part of redemptive history.

I consider Jesus a mediator between God and men. In the same way, I consider Mary as the mediatrix of mankind and Jesus.

She is from the very start, the giver of Jesus to the world.I am so happy that Jesus gave us a mother.

It is my respect and admiration to Mary as Mother of Christians that lead me to renewal and eventually respect for all women.


To Mary, the Queen of the Apostles,

Happy Happy Birthday from all of us !!!!!!

Sunday, September 5, 2010

Discernment

This Sunday, our liturgy invites us to be more discerning in following the Lord. Our day-to-day decisions, even the smallest details, require godly wisdom. Before we retire to bed let us again reflect on the readings.

First Reading

Wisdom 9: 13 - 18

13 For what man can learn the counsel of God? Or who can discern what the Lord wills?
14 For the reasoning of mortals is worthless, and our designs are likely to fail,
15 for a perishable body weighs down the soul, and this earthy tent burdens the thoughtful mind.
16 We can hardly guess at what is on earth, and what is at hand we find with labor; but who has traced out what is in the heavens?
17 Who has learned thy counsel, unless thou hast given wisdom and sent thy holy Spirit from on high?
18 And thus the paths of those on earth were set right, and men were taught what pleases thee, and were saved by wisdom."

Second Reading

Philemon 1: 9 - 10, 12 - 17

9 yet for love's sake I prefer to appeal to you -- I, Paul, an ambassador and now a prisoner also for Christ Jesus --
10 I appeal to you for my child, Ones'imus, whose father I have become in my imprisonment.
12 I am sending him back to you, sending my very heart.
13 I would have been glad to keep him with me, in order that he might serve me on your behalf during my imprisonment for the gospel;
14 but I preferred to do nothing without your consent in order that your goodness might not be by compulsion but of your own free will.
15 Perhaps this is why he was parted from you for a while, that you might have him back for ever,
16 no longer as a slave but more than a slave, as a beloved brother, especially to me but how much more to you, both in the flesh and in the Lord.
17 So if you consider me your partner, receive him as you would receive me.

Gospel Reading

Luke 14: 25 - 33

25 Now great multitudes accompanied him; and he turned and said to them,
26 "If any one comes to me and does not hate his own father and mother and wife and children and brothers and sisters, yes, and even his own life, he cannot be my disciple.
27 Whoever does not bear his own cross and come after me, cannot be my disciple.
28 For which of you, desiring to build a tower, does not first sit down and count the cost, whether he has enough to complete it?
29 Otherwise, when he has laid a foundation, and is not able to finish, all who see it begin to mock him,
30 saying, `This man began to build, and was not able to finish.'
31 Or what king, going to encounter another king in war, will not sit down first and take counsel whether he is able with ten thousand to meet him who comes against him with twenty thousand?
32 And if not, while the other is yet a great way off, he sends an embassy and asks terms of peace.
33 So therefore, whoever of you does not renounce all that he has cannot be my disciple.

Commentary

This life is filled with uncertainties. There is in us a clinging to say "maybe" because oftentimes unsure. The first reading posits this thesis when the author of the Book of Wisdom tells us that our earthly body and mortal minds cannot grasp whole of reality and prone to to error. This tendency to fall for error brings fear to people. Frightened to commit mistakes, humans are becoming more and more unsure as they grow older. Later on, the reading ends by saying that when the Spirit of the Lord takes over the minds of the unsure creature there is wisdom. It is the Lord who gives wisdom. He opens our eyes to heavenly things which our earthly eyes cannot see because blinded by too much temporal and transitory concerns. Only those made straight by the Lord can have capacity to discern.


A case for example is the second reading. Saint Paul sending Onesimus back to Philemon. Saint Paul himself was unsure why Onesimus was for a while away from Philemon. At first, he wanted to keep Onesimus so he could help him in his ministry. It was after he discerned in prayer,however, that the decision of sending him back was finalized. Truly a man of wisdom, Paul provided an opening for a heavenly relationship between Philemon and Onesimus as he said "...no longer as a slave but more than a slave...a brother," which can only be seen by a man of the Lord. Philemon was blinded by earthly stratification and economic segregation. But in heaven, there is no boss nor slave, only brethren.This heavenly reality is what St. Paul wanted Philemon to see.


Now turning to Jesus, we read his words saying that we cannot be his disciples if our sights are still focused on earthly relationships. He is telling aspirants fro discipleship that it is not easy to follow Him. We need to bear His cross. Each one will carry a cross like Jesus did thousands of years ago. If we are going to follow Him, we need to discern first. That does not mean we have to quit following Him when we see we cannot. We need to discern what we have to let go by following Christ. We need to determine which is our cross. What relationship we need to cut off so we could be free to follow Him? That will be our crosses. For many, it is the relationship with the family. This is why Jesus said "...without hating his father and mother, wife and children, brothers and sisters and even his own life cannot be my disciple."

Jesus not only points to the family but even to our own life. He ended up the statement saying "...you who does not renounce all possessions cannot be my disciple" and I believe that. If you have other plans then you will never be able to finish the plan for discipleship. One day people will laugh that once you tried to be good but ended up worse. So Jesus tells us prepare for the life time task of a disciple.

We cannot let uncertainties and ambiguities of life overtake us. We have Christ in our life. We can always ask God to give us counsel and send us enlightenment from heaven. That should be our prayer, that we may always look as things heavenly like Saint Paul did with Philemon and Onesimus. That in our decisions we will always consult the Spirit to come up with firm stance according to the criteria of God. Practically, the Lord teaches us to calculate. To survey. To gather data first. We need to stop or pause a while and take time thinking over them and pray. When we are unsure ... pause and pray.

Application

Who or what is the Onesimus of your life. That is your cross. Onesimus is teh cross of Philemon and Saint advised him to carry the cross. Embrace him as a brother and not as a sacrifice or headache.

Today we commemorate Mother Theresa of Calcutta. She is a rich lady from Albania and when she decided to follow the Lord, she never looked back to her family. She embraced the life of poverty and live among the poorest of the poor attending to their need.



I want you to reflect on the life of Mother Theresa and how she embraced her cross and leave her family for the sake of following the Lord. The Gospel indeed is very timely as we remember her death.

Fraternal

Since it is Kuya Anthony's Birthday today. At dahil sobrang miss ko na siya, naisip ko i-sharena lang ang isa sa mga articles ko sa facebook entitled My Kuya Anthony.

MY KUYA ANTHONY

He is not my brother by blood... I mean he is no biological relative.
I met him when I was in First year high school.
He was noticeable then because among the students, he is the only one I knew who would never lead a national anthem during flag ceremonies.
They call him the operator... because he operates all electric devices needed for us to enjoy the flag ceremony.
He is particularly close to Lour Ross Subijano. Both of them from Rizal Laguna.
He was at that time a trainee preparing to be a cadet officer.
Since then I always dreamt of becoming an operator and a trainee.
The next year, I was second year... he was still the operator [to use the term].
He, by then, was designated as officer after completing the training for cadet leadership program.
He was the Alpha Company Commander then. Under the Battalion Commander there are two company commanders one for all male company which is Alpha and the other for Bravo which includes all the girls.
There and then, I dreamt of becoming the Alpha Company Commander.
I joined the Citizen Military Training program the next year when they graduated.
I also replaced him as the operator for flag ceremonies.
The next year I became an officer but lower than his rank.
I was never able to become a Lieutenant Colonel, never a Company commander.
But rest assured, he was my inspiration and will always be a model to me.
One thing laughable about our similarities, is the fact that by the time he was fourth year, he fell in love with a first year student.
The same thing "kasi" happened to me also.
By 2003 I was fourth year, I fell in love with the most beautiful girl in the world. Lara Faye Conopio.

____________________________

Nasaan man ang kuya ko, hope happy siya at sana mai-celebrate niya ng astig ang birthday niya.

here are other persons na nagdiriwang rin ng birthmonth ngayon.


Mama Mary Sept 8
Kuya Alvin de los Santos 10
Camille Matanguihan 10
Bryan Coroza 12
Aprile Ibañez 15
Jhoy Joanica Arnuco 16
Raphael Asuncion 17
Christoff Mendez 19
Rey Langit 20
Aldrin Mark {fegz} Quintana 23
Jonard Urriza 30
Ms. Dominique Garde-Torres Sept 30

A million greetings to all I fail to mention!