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Filinvest Land enters joint venture for flexible workplaces

FILINVEST Land, Inc. (FLI) said on Tuesday that it had entered into a joint venture agreement with KMC Community, Inc. to establish and operate flexible workplace facilities.

“By entering into the joint venture agreement, FLI can leverage the expertise and experience of KMC in the flexible co-working space industry,” the company said in a regulatory filing.

It added that the partnership with KMC would be able to increase its brand awareness in the co-working space industry and “be able to reach new markets and expand its operations to multiple locations.”

Under the agreement, FLI will develop, manage, operate, and maintain flexible workplaces that offer private serviced office seats and co-working seats within commercial buildings.

The company said the move was prompted by the rapidly growing demand for co-working spaces.

“This growth is being driven by a number of factors, including the rise of remote work, increasing popularity for multiple office venues, and the growing demand for more conducive work environment,” it added.

FLI will invest P100 million in the joint venture company and will subscribe to about 70% of its authorized capital stock, while KMC will own the remaining 30%.

FLI said that before the execution of the agreement, it “already caused the incorporation of the new company, which shall be the entity that will be utilized by the parties in implementing” the joint venture. It said that profit sharing between the two companies will be based on equity interest participation in the joint venture company.

KMC will be appointed to manage the business under the terms and conditions set by the two companies. The company is a unit of KMC Solutions, a provider of flexible private and co-working office spaces.

FLI shares closed unchanged at P0.74 apiece on Tuesday. — Adrian H. Halili

The US Supreme Court’s Warhol-Prince ruling is pro-artist, anti-art

ORANGE PRINCE (1984) by Andy Warhol

By Noah Feldman

THE US Supreme Court has sided with individual artists — but against art itself. In a fascinating copyright decision that transcended ideological lines, the court held that Andy Warhol’s distinctive reworking of a photograph of Prince did not count as fair use, thus requiring the Andy Warhol Foundation to compensate the original photographer.

The upshot is that little-guy artists win, because they now have more rights than they had before to claim credit for works re-used by others. But art as a whole loses, because the decision restricts how artists generate creativity by sampling and remixing existing works.

To understand the issue, just look at the original photograph of Prince, taken by the photographer Lynn Goldsmith in 1981 for Newsweek, and compare it to the Warhol version, produced for Vanity Fair magazine in 1984.

The original photograph is certainly terrific. The Warhol, however, is … a Warhol. The great pop genius (or maybe his studio assistants, who were legion) deployed the distinctive coloring, pseudo-brushstrokes, and silk-screening technique that makes the work instantly recognizable as belonging to the same style as Warhol’s iconic images of celebrities from Marilyn Monroe to Mao Zedong.

And Vanity Fair did pay Ms. Goldsmith $400 for use of her photograph. But the payment was for one use only. So when the Warhol Foundation licensed a version to Vanity Fair for an article years later, for a fee of $10,250, Ms. Goldsmith sued for copyright infringement.

The majority opinion for the court was written by Justice Sonia Sotomayor and was joined by all the justices except Justice Elena Kagan, who wrote a dissent, and Chief Justice John Roberts, who joined Ms. Kagan. Ms. Sotomayor took pains to say both that Ms. Goldsmith was “less well-known” than Mr. Warhol and also that she was a “trailblazer” in rock-and-roll photography “when there were few women in the genre.” This framing helps explain Ms. Sotomayor’s holding, which was that artists like Goldsmith are entitled to copyright protection “even against famous artists.” She was siding with less well-known artists against their more famous counterparts.

The technical legal issue before the court was the meaning of “fair use” under copyright law. The fair use principle is an exception to the general rule that an artist owns the copyright in an original work. If a subsequent use counts as “fair use,” the later user is free to reproduce the original art without infringing on copyright. An example of fair use is parody: Weird Al Jankovic can copy the tune of Michael Jackson’s “Beat It” to create his breakfast cereal classic, “Eat It,” without infringing on Mr. Jackson’s copyright.

The copyright statute says that fair use depends in part on “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.” Ms. Sotomayor reasoned that the Warhol image was for the same purpose as the Goldsmith photograph — magazine illustration — and that both uses were commercial. Ms. Sotomayor argued that this factor weighed in favor of disallowing the Warhol use.

Another major aspect of fair use analysis is whether the new work is “transformative.” Transformation, Ms. Sotomayor noted, is always a matter of degree. Original artists retain the rights to “derivative” works, like turning a book into a movie, even when those new works are transformative. But sometimes, as in parody, the transformation amounts to fair use.

In her dissent, Ms. Kagan ridiculed the idea that the Warhol’s Prince image was not transformative. She criticized “the majority’s lack of appreciation for the way [Warhol’s] works differ in both aesthetics and message from the original templates.” She argued that the majority’s narrow focus on the magazine license obscured the more fundamental issue, namely that Warhol utterly transformed the Goldsmith photograph into something new and distinctly meaningful.

Ms. Kagan went on to note that art is always created by borrowing. Fair use is supposed to provide “breathing room” for art to develop, she argued. The court’s approach, she concluded, “hampers creative progress and undermines creative freedom.”

To be sure, Ms. Kagan would no doubt point out that even unknown artists borrow and are vulnerable to infringement suits from more famous artists. And Ms. Sotomayor could say that important artists will be able to sue little guys under her test.

But the practical reality is that there is little reason for major, accomplished artists to go after minor ones, who don’t have the same resources or success. (The main exception is when big fashion brands go after counterfeits, but that’s usually more about trademark protection than copyright.)

That’s why the conflict between Ms. Sotomayor and Ms. Kagan comes down to a struggle over whom the court should favor: artists or art itself. Where your own answer lies can tell you something about how you see the purpose of art today. — Bloomberg Opinion

Continuing a conversation from 2020, Sandbox Fest 2023 restages Lungs and Every Brilliant Thing

By Giselle P. Kasilag

LAUGHTER was reverberating throughout the room. Everyone was in their element — safe and secure in the knowledge that they were surrounded by supportive colleagues. It was the sandbox that the term intended it to mean — an area where children can dig and play. And it is this very atmosphere that The Sandbox Collective hopes to bring in the Sandbox Fest 2023.

“Honestly it’s been so wonderful getting back on our feet to do this kind of work,” said actress Justine Pena. “And to be doing that with people that you genuinely trust, and you genuinely feel safe around to have and discuss these kinds of conversations with. You see, the material tackles things that people do talk about but normally in their intimate moments with their partners or with themselves. And it’s so great we’re able to bring [it] back out into the light, so I think it’s going to be wonderful for people to be able to see that, especially coming from a pandemic where we’ve been so closed off from everybody else. I think this is going to be a cathartic experience for people. It has been for me, working with all of them.”

The material she was referring to was Duncan Macmillan’s Lungs and Every Brilliant Thing — the two plays that were featured in the Sandbox Fest 2020 which was cut short by the COVID-19 pandemic.

In a way, the festival will bring a sense of completion to a beloved project that they were forced to walk away from due to the global health crisis. Back then, Every Brilliant Thing was able to finish its run but the curtains failed to rise for Lungs which was set to open when the first lockdown was announced in the Philippines.

In June this year, the plays will return to the stage but will be presented as a twin bill experience. The audience members will be purchasing a single, same-day ticket that would allow them to watch both shows.

Lungs is the story of a young couple contemplating starting a family. It delves into the intricacies of intimacy, reexamining the relationship in the context of political unrest, climate change, and the many challenges faced by society in a fast-changing world.

Returning cast member Sab San Jose will be joined by Lungs newbie Reb Atadero. The second cast will consist of Lungs first-timers as well: Brian Sy and Ms. Pena. Occupying the director’s chair is Caisa Borromeo who served as the assistant director in the play’s previous runs.

THINGS ARE DIFFERENT AFTER THE PANDEMIC
Every Brilliant Thing is a one-person, one-act play about a child struggling with her mother’s depression. To cope, she begins a list of every brilliant thing that the universe has to offer.

Alternating in Every Brilliant Thing are Teresa Herrera and Kakki Teodoro — both reprising the role that they first performed in 2019. Also returning as the play’s director is Jenny Jamora.

“Iba (It’s different)!” declared Ms. Teodoro when asked about how different she reads the script now after experiencing the pandemic. “Iba na iyung pagbasa. Honestly, nung first run, sabi ko sa kanila, if umiyak na lang ako, hayaan niyo na lang ako. Just let the tears fall (It reads differently. Honestly, in the first run, I told them if I cry, just let me. Just let the tears fall)!

“Iba na kami (We’re different),” she continued. “Iba na ang audience na sasalubong sa material. So when we started [performing the play] in 2018, mental health was just something na hindi pa masyadong aware ang mga Pilipino. Ngayon, it’s really part of everyone’s vocab. Everyone has their own insight and understanding of their mental health journey (It’s a different audience that will see the material. So, when we started in 2018, mental health was just something that most Filipinos were not very aware of. Now, it’s really part of everyone’s vocabulary. Everyone has their own insight and understanding of their mental health journey).”

An important concern that she raised was the issue of consent in a play that has an active audience interaction at its core. The concern comes in two levels: having the permission to physically collaborate with the people who came to simply watch and being able to interact given the health protocols put in place to keep everyone in the theater safe.

“I agree with Kakki,” said Ms. Herrera. “The world is a different place. We are all different people now. Three years is a long time to experience so many things. For me, personally, I had another baby. Coming back [onstage], it’s kind of like, bringing this baby into this world now and reading the world news — racism, school shootings — really affect me mentally because the world wasn’t like that before. It’s a different place. So, yes, there is some depth. We are gonna go there. We did say in our first meeting that, you know, I’m gonna rage in certain parts. If I do, let it happen. And it’s so wonderful working again and meeting the text again in a new space. Even in rehearsals, the lines feel different. It just hits different.”

JON SANTOS IN THE HOUSE
The big Every Brilliant Things news, however, is the addition of comedian Jon Santos to the cast. He will be performing a Filipino version of the piece which will be translated by Guelan Luarca.

“The estate of Duncan Macmillan, they’re so cool,” gushed The Sandbox Collective managing artistic director Toff de Venecia. “He really encourages localization, adjusting anywhere it’s set. So we’re very excited for this Guelan Luarca translation of Every Brilliant Thing. Of course, Guelan Luarca is a Palanca Award-winning and Gawad Buhay Award-winning playwright. And we’re so fortunate to have THE Jon Santos perform this Filipino version so that he can also provide the male experience, the queer experience, and the Filipino experience.”

Mr. Santos was particularly thrilled to work with Ms. Jamora once again. They collaborated previously in Dog Eaters, WTF: Wala Talagang Forver sa Malacañang, and For Better or For Worse.

While he recognizes the challenges of performing a brand-new version of beloved material, he is confident that tackling universal issues immediately makes it easily accessible regardless of the language.

He talked about having lost family members and loved ones during the lockdown. And through it all, he managed the household and supported a mental health program that saved the lives of many people struggling with their emotions. The struggles and the issues which are also tackled in Every Brilliant Thing, he stressed, are very relatable.

“Iyung mental health ko, nagdaan sa (My mental health, it went through) moments of really dark places and it’s a brilliant lightbulb moment — oh my goodness! we are resilient,” he said.

Best known for his comedic, satirical impersonations of famous people, this play gives him a different outlet. “I really, really relish… kasi sa political satire, maingat ako na magpakita ng kulay (because with political satire, I am careful not to show my colors). I just portray the stories of the different characters. In fact, lahat sila i-spoof (I spoof everyone). And tawag sa akin ay (they call me an) equal opportunity offender. But here, I don’t mind na nag-o-overlap ang aming agenda (our agendas overlap).”

A DIFFERENT OUTLOOK
It is also this sense of freedom that Ms. Jose appreciates in her unexpected return to the stage. Having performed Lungs before the pandemic and before experiencing motherhood, she now views the script with a very different outlook.

“I didn’t think I would be able to go back on stage, to be honest,” she confessed.

“So, this is a monumental emotional moment for me because I’m a new mom and I didn’t think I’d have it in me to come back and leave my child who just turned two. And it’s a very real thing for me, bringing him into the world in the middle of a pandemic, climate change, political unrest, everything! So I felt so guilty bringing him to the world, to be honest.

“So in terms of depth, I think I have a greater purpose now knowing that I have a child to raise. And I’m a completely different person. Still Sab in the core, but I think there’s more emotional weight when I read the script now ’cause we’re no longer the same people. We went through the pandemic — a collective struggle. And we’re still going through it with resilience and hope. We’re constantly just beginning again which is what I’m doing. I’m beginning again.”

Trust factors heavily in a play of only two actors. With only each other to turn to, Mr. Sy is grateful that Ms. Pena has been a very generous partner throughout the process.

“Ang sarap kasi parang napapadali ang trabaho (it’s good because it makes the work easier),” he said. “I think this is one of the few materials na na-experience na (that I experienced wherein) I could just completely rely on my partner, trust everything, and really just listen to her. It becomes this whole experience of just allowing yourself to be. Tanggapin mo na lang kung ano iyung ibibigay sa yo (Just take whatever is given to you). It’s been so wonderful so far.”

Returning to the stage, however, came with its own set of emotional baggage. For Mr. Atadero, it was all about being different but still returning to your core.

“Throughout the whole pandemic, paulit-ulit sinabi ko sa sarili ko (I kept repeating to myself) ‘the first play I’m gonna do marami akong bala’ (I have a lot of ammunition),” he said. “That’s what they say about strife. Strife creates art. But when I got into the room on the first day of rehearsals with Sab and everybody else, and of course Caisa who was very supportive about everything that we had to go through…. she understood that everyone had their own baggage coming in as an actor… so honestly on that first day, it felt like coming back home.

“It was like leaving a conversation on hold for three years and later you come back and it’s like nothing happened but somehow, you’re also different people. Iba na iyung bala mo. Iba na iyung baon mo. Iba na kung sino ka. Iba na kung paano ka mag interpret (Your ammunition is different. Your provisions are different. You are different. How you interpret is different).”

Indeed, Sandbox Fest 2023 is a return to a conversation that began three years ago but with a different perspective and, in this case, different participants, but tackling the universal experiences of life, loss, and relationships.

Sandbox Fest 2023 will run at the Zobel de Ayala Recital Hall, 2/F Maybank Performing Arts Theater at BGC, Taguig, from June 17 to July 15.

SM Prime lists P30-B bonds

SM PRIME Holdings, Inc. listed on Tuesday more than P30 billion worth of fixed-rate bonds on the Philippine Dealing & Exchange Corp. (PDEx), as it pursues its expansion plans.

“The success of this latest fixed rate bonds will give SM Prime further capabilities to pursue its expansion programs of creating more opportunities for more Filipinos to build a better nation,” SM Prime Chief Finance Officer John Nai Peng C. Ong said in a statement.

He added that he was “grateful for the trust and support of the investing public” as well as the company’s bank partners, PDEx, Philippine Depository & Trust Corp., and the PDS Group.

In a regulatory filing, SM Prime said that it listed its Series S, T, and U fixed-rate bonds, which were offered on May 8 to 12. The company raised at least P30 billion from its base offering of P25 billion, with an oversubscription of P10 billion.

The company earlier disclosed that it had set rates for its Series S bonds due in 2025 at 6.2069%; Series T bonds due in 2027 at 6.2151%; and Series U due in 2029 at 6.3275%.

The issuance is under its P100-billion shelf-registration of fixed-rate bonds, which was approved by the Securities and Exchange Commission in February 2020.

The company had tapped BDO Capital & Investment Corp. and China Bank Capital Corp. as joint bookrunners and joint lead underwriters together with BPI Capital Corp., EastWest Banking Corp., First Metro Investment Corp., RCBC Capital Corp., and SB Capital Investment Corp.

It said earlier that its fixed-rate bonds had been rated PRS Aaa by the Philippine Rating Services Corp. The rating is the highest assigned, “denoting that such obligations are of the highest quality with minimal credit risk and the issuing company’s capacity to meet its financial commitment on the obligations is extremely strong.”

“SM Prime remains committed to its role as a catalyst for economic growth, delivering innovative and sustainable lifestyle cities, thereby enriching the quality of life of millions of people,” the company said.

Its shares rose 1.47% or P0.50 to P34.50 each at the stock exchange on Tuesday. — Adrian H. Halili

LBC Express net profit quadruples to P207M as cost, expenses decline

LBC Express Holdings, Inc. recorded a first-quarter attributable net income of P207 million, a jump of more than four times the P48.87 million posted in the same period last year.

“This is mainly attributable to [a] decrease in cost and expenses as part of management’s cost rationalization. Contributory also are the non-operating gains from foreign exchange and derivative valuation,” the company said in its quarterly report filed on Tuesday.

In the first three months of the year, it recognized a 4.5% decrease in service revenues to P3.78 billion from P3.96 billion, which the company attributed to lower revenues in the logistics segment. Its logistics business accounted for P3.65 billion of the quarter’s top line, down 4.1% from the P3.81 billion in the previous year.

Money transfer services recorded P127.43 million in revenues during the quarter, down 13.6% from P147.43 million a year earlier. Costs of services were lower in the first quarter at P2.97 billion, a 2.6% decrease from P3.05 billion previously.

“Cost of services is down… pertaining to improvement in cost of delivery and remittance by 4%. Reduction in air freight costs and manpower were aligned to current sales volume,” the company said.

“However, these reductions were offset by the surge in cost of freight-sea as general price increase was implemented by shipping lines, both in domestic and overseas setting, several times mid-2022,” it added.

The company also managed to cut operating expenses by 9% to P566.79 million during the quarter from P625.27 million a year ago because of lower spending for coronavirus disease-related expenses.

LBC Express is a public holding company with two primary business segments: logistics and money transfer services. The logistics business caters to both retail and corporate customers. The money transfer services segment is made up of domestic and international remittance services.

On Tuesday, shares in the company closed 38 centavos or 2.33% lower to P15.90 each. — Justine Irish D. Tabile

Arts&Culture (05/24/23)

Ang Huling El Bimbo The Musical adds shows

THE PRODUCERS of Ang Huling El Bimbo The Musical have added 18 show dates for June. The nostalgic ride continues for the Filipino hit musical with 18 shows added to the docket. Set to the music of the Eraserheads, the musical follows four friends, from their carefree youth to an incident that scars them for the rest of their lives. Ang Huling El Bimbo The Musical goes onstage every Friday and Saturday at 8 p.m. with matinee performances every Saturday and Sunday at 3 p.m. at the Newport Performing Arts Theater. Tickets are now available at Newport World Resorts Box Office, TicketWorld, and SM Tickets outlets, with prices ranging from P1,079 to P3,776. For more information on Ang Huling El Bimbo The Musical and its show schedule, visit www.newportworldresorts.com and follow @newportworldresorts and @fullhousetheater on Facebook and Instagram, @nwresorts on Twitter. Follow the official AHEB TikTok account @aheb.2023.

New e-book of poetry released

A RECENTLY released e-book, Muddling Through Middle Age: 200 Sonnets by Edgardo S. Tugade, is a collection of 200 sonnets dating from 2009, when Mr. Tugade was 45, to 2022, when he was 58. According to the author, it may be the first collection that tackles the middle-age years of a single gay Catholic Filipino. “It depicts a single gay man at the peak of his physical strength and mental power and the challenges that try them. When the social media allowed him to re-connect with his elementary and high school classmates and teachers, the book also incorporated memories of what was and sentiments on what might have been,” Mr. Tugade said. The poems also tackle close and extended family ties, and the joys and sorrows that are experienced; Mr. Tugade’s work as a print journalist; and what one writer called “the awakening of the poetic faculty.” His views on Christianity, politics and other socioeconomic issues also find expression in verse form. The book can be ordered through the link: https://bit.ly/HappyEbook-OrderForm.

Disney licensed Pinoy artist stages one-man show

“THE FINE Art of Rodel Gonzalez,” a Manila Art Show, an exhibition for the first and only Filipino artist officially licensed to paint Disney, Marvel, and Star Wars artworks, will open at COLLAB Sheraton Manila Hotel at Newport World Resorts on June 3, 5 p.m. Rodel Gonzalez’ exhibition follows a string of international sold out shows in the US and Japan. The Manila Art Show will display and auction off over a hundred art pieces featuring popular Star Wars characters Yoda, the Stormtroopers, and Darth Vader; Marvel Cinematic Universe fan favorites Iron Man and Spiderman; and Disney princesses Elsa, Cinderella, and many others. The paintings are done in varying sizes and mediums, such as acrylic on black paper, acrylic on canvas, acrylic on gesso board, oil on canvas, oil on gesso board, oil on aluminum, and giclee on canvas. The collection is curated and organized by Kartini Asia Gallery with special participation of Uniquecorn Strategies. Gonzalez was first accredited by Disney 15 years ago to reproduce the media giant’s iconic characters and scenarios through his paintings. Known for his dry-brush technique and having a keen eye for color, form, and composition, his detailed artworks have been sold across Disney Theme Parks, Cruise Lines, and art galleries in Japan, North America, and Europe.

Paintings inspired by music on view at ARTablado

SIX years since forming the Pintakha Art Society, the group — now made up of 10 members — is holding a two-week exhibit of their works. ARTablado at the third level of Robinsons Galleria will showcase a total of 70 oil and acrylic paintings in their group show entitled “Symphony of Colors,” which runs until May 31. Pintakha, a portmanteau of the words “pinta” (paint) and “likha” (create), was originally made up of seven members who participated in an exhibit for a cause organized by Nathaniel San Pedro and Jan Michael “Mick” Barretto. They ended up seeing each other so often that they decided to put up their own group, Pintakha Art Society, that included Nathaniel, Dominic Urbano, Janet Ballecer, Jeram Apostol, Muriel Macapal, Sherry Macawili and Zorrick Enriquez. Now, Janet Ballecer is joined by her daughter AJ, Enriquez’ wife Ica Horacio-Enriquez has also joined, and Mr. Barretto who initially put together the exhibits is now a full-time visual artist as well. For the Symphony of Colors exhibit, each member presents seven paintings inspired by their moods and emotions. While they have their own unique styles and approaches when it comes to putting brush to canvas. “Symphony of Colors” is Pintakha Art Society’s comeback exhibit after three years of pandemic.

Ballet Manila presents Don Quixote

BALLET Manila opens its 25th performance season on its 27th year with the vibrant and highly entertaining Don Quixote, set to premiere at the Aliw Theater in Pasay City on May 27 at 8 p.m. and May 28 at 5 p.m. “I think dancing Don Quixote as our first full length classical ballet for the year is very appropriate because now is the time to pull out all the stops. Make the dancers and audience just enjoy themselves back onstage and in the theater,” said Lisa Macuja Elizalde, Ballet Manila’s artistic director and chief vexecutive officer, in a statement. Joining the performance is San Francisco Ballet principal dancer Esteban Hernandez who will play the male lead role Basilio. Pia Dames will play the female lead character Kitri. For tickets, visit www.ticketworld.com.ph or call 8891-9999.

Nayong Pilipino exhibit opens in Tayabas

OVER 150 artifacts from the collection of the Nayong Pilipino Foundation (NPF) are on display at Casa Comunidad de Tayabas in Quezon Province. On view are ethnographic artifacts from various ethnolinguistic groups, from textiles and farming tools, ritual items, to hunting and warfare, and domestic objects, which the Foundation has cared for in the last five decades. The exhibit, entitled “Masaganang Ani,” is one of the highlights of the Mayohan Festival which commemorates the bountiful harvest in the city. The NPF launched its traveling museum project early this year with the aim of presenting its ethnographic collections to the general public. The exhibit — their fifth this year — is ongoing until June 15. Admission is free.

Air21, Sarisuki tie up to bring Benguet’s fresh produce to Manila

AYALA-BACKED logistics company Air21 is partnering with Sarisuki to deliver fruits and vegetables from Benguet to community sellers in Metro Manila.

“This partnership seeks to lower the cost and ensure consistent supply of fresh produce in ubiquitous talipapa (community markets). It also aims to lessen overall food supply chain wastage and help ensure food security across Metro Manila,” the company said in a press release.

Sarisuki is a social e-commerce platform that offers products at wet market prices. It serves Metro Manila and the provinces of Bulacan, Cavite, Laguna, Rizal, Batangas, Quezon, and Cebu.

“Our team at Air21 finds this partnership very meaningful. It’s our privilege to use our decades of expertise in domestic freight forwarding in helping Sarisuki achieve its growth targets,” Air21 President John Casupang said.

“This collaboration is a manifestation of our Luzon backhaul expansion. We will continue to maximize our nautical and road network linehaul in enabling local businesses’ daily operations,” he added.

Sarisuki President and Chief Executive Officer Brian Cu said that through the partnership, “we aim to get products from hard-to-reach communities into the hands of consumers in a short time.” He said the partnership would help create a stronger bridge between farmers and consumers.

“We hope to build a more inclusive and progressive agriculture industry in the Philippines, one community at a time,” he said.

Mr. Cu said farmers are considered the weakest end of the agricultural chain despite being the sector’s backbone. — Justine Irish D. Tabile

Marvel, artist’s estate ask for pre-trial wins in superhero copyright fight

A PERSON dressed as the character Spiderman attends the premiere of the film Doctor Strange in the Multiverse of Madness in Los Angeles, US, May 2, 2022. — Reuters

WALT Disney Co.’s Marvel and the estate of artist Steve Ditko both asked a Manhattan federal judge on Friday to hand them a win without waiting for trial in their copyright dispute over rights to superheroes Spider-Man and Doctor Strange. Marvel urged the court to reject the estate’s effort to reclaim Mr. Ditko’s interest in the characters, arguing he co-created them on the company’s behalf. Mr. Ditko’s estate argued that he developed his heroes and stories independently, and that Marvel intentionally avoided hiring him because of the “dire state of its business” at the time.

Representatives for Marvel and Mr. Ditko’s estate did not immediately respond to requests for comment Monday. Mr. Ditko died in 2018.

Under the Copyright Act, a creator can terminate a copyright assignment after decades under certain circumstances. Marvel in 2021 sued Mr. Ditko’s estate and several other artists who wrote and illustrated comics in the 1950s, ’60s, and ’70s in response to their bids to terminate copyrights they granted to Marvel related to characters including Iron Man, Ant-Man, and Thor.

The termination law does not apply to works made for hire, which Marvel said prevents the artists from recovering the rights. It argued Friday that the case record showed Mr. Ditko worked under Marvel editor-in-chief Stan Lee “subject to Lee’s editorial discretion.”

“Ditko was accorded some creative freedom in how Lee’s story would manifest on paper, but Lee maintained ultimate control over the pages,” Marvel said.

Marvel compared the lawsuit to a similar case it won at a US appeals court in 2013 involving illustrator Jack Kirby. That case was settled in 2014 as the US Supreme Court was set to consider whether to take it up.

Mr. Ditko’s estate argued that he was a freelancer for Marvel.

“Ditko, an extremely independent-minded artist, supervised himself, edited his own work, and created the works after little or no discussion with Lee,” it said.

The estate also said Ditko could not have legally created the works on behalf of the Marvel “shell companies” that registered the copyrights, which it called the “Achilles’ heel” of Marvel’s work-for-hire argument. — Reuters

Globe leads 5G network speeds in Makati City 

GLOBE TELECOM, INC. emerged as the fastest 5G mobile network for the first quarter in Makati City with a median download speed of 171.814 megabytes per second.

The company said that it had been able to edge out its closest competitor based on Ookla’s Speedtest Intelligence first-quarter data.

Globe said that topping in the business hub is important as Makati hosts the headquarters of most of the country’s top 1,000 companies and multinational corporations operating locally.

“With 5G, we are opening doors to endless possibilities and opportunities for innovation, collaboration, and development,” Globe Chief Transformation and Customer Experience Officer Rebecca V. Eclipse said.

5G offers faster speeds, higher bandwidth, and a more stable internet connection, which enhances corporations’ mobility and business opportunities, and improves customer experience.

“These can give enterprises a competitive edge and help them stay ahead of the curve in today’s fast-paced market,” said Globe.

In the first three months, the company has deployed 66 new 5G sites across 74 cities and towns nationwide, which expanded its 5G outdoor coverage to 97.21% in the National Capital Region and to 90.28% in key cities in Visayas and Mindanao.

The telco also logged 4.3 million devices in its 5G network in the January-to-March period.

Globe was awarded as the Most Reliable Mobile Network in the first quarter by Ookla, after getting an “all technology consistency” score of 83.4% from 83.1% in the previous quarter.

The network also topped “all technology availability” with a score of 93.2% in the first quarter from 92.4% in the fourth quarter of last year. — Justine Irish D. Tabile

Sustaining a chicken farm in challenging conditions

ARTEM BELIAIKIN-UNSPLASH

By Patricia B. Mirasol, Reporter

SUSTAINING a broiler chicken farm in the face of low farmgate prices and increasing expenses necessitates strategic diversification, cost-cutting measures, and a hands-on approach, according to an expert.

“I have to be honest that being a commercial poultry farm, with the fluctuation of [broiler chicken] prices and the rising costs of inputs, it’s tough,” Raymond Peter G. de Asis, president of JJ Agriventures, Inc., said in an interview.

Raising chickens is a business that Mr. De Asis and two of his siblings inherited from their father, Pablito, who started it in the 1970s.

The broiler business in Rizal, east of Manila, has grown from raising 4,000 chickens in rented poultry houses during the early days to running two permanent facilities with a combined capacity of 48,000.

“He (my father) built it little by little, increasing the number of birds he would grow, and mixing his own feed, para mas matipid at mas efficient ang production (so that production would be cheaper and more efficient),” Mr. De Asis said.

Running the business was simpler during his father’s time, he said. Back then, May and December were the prime months for generating sales due to festivities.

Demand trends are tough to predict nowadays, Mr. De Asis said.

“The price fluctuations happen daily. Any profit you could realize, matuwa ka na (Be happy about any profit you could realize).”

The United Broiler Raisers Association has estimated that as of May 12, the average farmgate prices of regular-sized and prime broiler chicken in Luzon fell 10.96% week on week to P101.50 and 8.51% to P104.07, respectively.

“Kung sino may volume, siya ’yung nagdi-dictate ng price (Whoever has the volume dictates the price),” Mr. De Asis said, adding that imports affect poultry prices.

According to the Philippine Rural Reconstruction Movement, the poultry market is struggling with excessive supply due to over-importation.

Poultry ventures require significant investment from farmers, with the cost of each chick reaching up to P40 and a 50-kilogram sack of chicken feed amounting to about P2,000. It typically takes around 30-40 days for a chicken to fully grow.

Additional expenses encompass maintenance, labor wages, electricity, and water.

Mr. De Asis suggested aiming for a recovery percentage above 90%, which translates to selling 16,200 out of 18,000 chickens. In the case of larger commercial farms, they aim to reach a recovery rate as high as 97%.

The feed conversion rate (FCR), which measures the amount of feed consumed by a chicken to gain one kilo of weight, is also significant. A lower FCR indicates better efficiency in converting feed into weight gain.

According to Mr. De Asis, the minimum number of chickens needed to start a poultry farm is not predetermined since it varies based on the specific market the farmer intends to cater to.

HANDS-ON MANAGEMENT
Achieving success in the broiler farming business requires thorough attention to every aspect of the operation.

Being a mere weekend farmer is not enough, as it is essential to delve into even the minutest details, Mr. De Asis noted. He himself goes to the extent of occasionally visiting his sites during nighttime.

“I visit the farm a minimum of three times a week… You can’t just depend on your employees na palaging sila ang titingin (to check on everything all the time).”

The chickens require regular monitoring by the farm’s flock men, with a recommended frequency of at least every six hours, Mr. De Asis said.

Ideally, there should be one flock man responsible for every 6,000 chickens. It is the duty of the flock man to ensure an adequate supply of feed and water for the chickens, as well as to watch out for symptoms such as loss of appetite and a runny nose.

Individuals who engage in weekend farming face the risk of losing out because numerous unpredictable events may occur during the five-day gap between weekends, Mr. De Asis said.

WAYS TO CUT COSTS
Reducing costs is best achieved by selling products locally, thereby minimizing overhead expenses, according to Mr. De Asis.

JJ Agriventures, for example, sells its chickens to wholesalers or viajeros, who subsequently sell the chickens in the wet markets of Pasig, Antipolo, and Marikina.

The expenses involved in production are closely linked to the quality of the outputs. It is crucial not to compromise on the quality of chicks or the feeds provided to them, Mr. De Asis said.

Farmers who attempt to save money by purchasing low-quality feeds often face the consequence of waiting longer for their chickens to reach the desired weight, which can impact overall productivity and profitability, he noted.

Another significant cost factor to consider is the expense of constructing farm buildings.

For instance, a building with a capacity of 6,000 heads, designed with open sides, bamboo-slat floorings, and steel posts, can amount to approximately P3 million.

The De Asis farm features a combination of both old and modern buildings. At the second farm location, there are traditional wooden buildings supported by cement pillars, capable of accommodating a maximum of 18,000 chickens. The buildings at the first site have been redeveloped with a retrofitted tunnel ventilation system.

Implementing biosecurity measures plays a crucial role in cost efficiency by preventing the spread of pathogens between farms or within a single farm, according to Mr. De Asis.

The Agriculture department has established disease control protocols for bird flu, which involve promptly culling and disposing of affected poultry upon detection.

“We don’t have a bird flu vaccine yet, so your main means of protecting your flock is biosecurity,” Mr. De Asis said. 

DIVERSIFICATION
Diversification is an important strategy for farmers to consider, as it involves nurturing additional income-generating activities on their farms.

Mr. De Asis said he actively encourages his nine farmhands to engage in planting vegetables and fruit-bearing trees.

By cultivating such crops, the farmhands have the opportunity to sell the produce externally, providing an additional income stream.

Mr. De Asis also said that while the income generated from these activities may not be substantial, it is still sufficient to cover supplementary expenses and maintain financial stability.

Furthermore, Mr. De Asis himself actively engages in diversification by growing native tree seedlings, including teak, katmon, and molave on the farm. 

These tree seedlings are nurtured with the intention of generating profits in the medium-term.

Passion, grit, and “a lot of luck” are needed to succeed in broiler farming, he noted.

Mia Wasikowska brainwashes students in Cannes entry Club Zero

MIA WASIKOWSKA in a scene from Club Zero.

CANNES — Onetime Hollywood rising star Mia Wasikowska was at the Cannes Film Festival on Monday for the premiere of Club Zero, which stars the Australian actress as a manipulative teacher and is director Jessica Hausner’s second try at winning a Palme d’Or.

Club Zero is Vienna-born Ms. Hausner’s second film to be in the running for the film festival’s top prize, after 2019’s Little Joe that marked her English-language debut.

In the film, new teacher Miss Novak (Wasikowska) leads a course on conscious eating for a group of teenage boarding school students that asks them to make increasingly drastic changes to their eating habits, with the goal of reaching Club Zero.

Miss Novak uses vaguely spiritual chanting and meditation to draw them into a cult-like group whose members police each other’s eating habits and, eventually, whether they eat at all.

“She truly believes that she is saving them and together they take it too far,” said Ms. Hausner.

“That is what makes her so convincing and so dangerous: Her belief meets the wish of the young people to change the world and increases the dangerous inclination towards developing eating disorders for some of them,” added the director.

Club Zero is the latest in a series of independent films that Ms. Wasikowska has signed onto in the past few years.

The Australian actor’s star was on the rise with movies including Tim Burton’s 2010 Alice in Wonderland and 2015’s Crimson Peak but in the late 2010s she decided to move back to Sydney.

She told the IndieWire trade publication in March that working back-to-back projects had left her burnt out. “I want to do more things in life other than be in a trailer,” she said. — Reuters

Gov’t fully awards reissued bonds

BW FILE PHOTO

THE GOVERNMENT made a full award of the reissued seven-year Treasury bonds (T-bonds) it auctioned off on Tuesday at a lower average rate on expectations of easing inflation, which could strengthen the case for steady benchmark borrowing costs in the near term.

The Bureau of the Treasury (BTr) raised P25 billion as planned from the reissued seven-year bonds it offered on Tuesday, with total bids reaching P30.625 billion.

The bonds, which have a remaining life of six years and 11 months, were awarded at an average rate of 5.774%, with accepted yields ranging from 5.648% to 5.85%.

The average rate of the reissued bonds was 23.8 basis points (bps) lower than the 6.012% seen when they were first offered on April 25. This was also 22.6 bps below the 6% coupon for the series.

However, this was 9.3 bps higher than the 5.681% quoted for the seven-year bond and 7.1 bps above the 5.703% seen for the same bond series at the secondary market prior to Tuesday’s auction, based on PHP Bloomberg Valuation Service (BVAL) Reference Rates data provided by the Treasury.

The BTr made a full award of its offer as “rates are within secondary market levels and are even lower than the average rates at [Monday’s] auction,” National Treasurer Rosalia V. de Leon said in a Viber message to reporters.

“We see rates declining as a result of both the Fitch outlook adjustment to stable and the Monetary Board’s pause on policy rates last week,” Ms. De Leon added.

Fitch Ratings on Monday affirmed the Philippines’ investment grade rating, while revising its outlook to stable from negative, reflecting its confidence in the economy’s continued recovery from the coronavirus pandemic.

The debt watcher kept the Philippines’ long-term foreign currency issuer default rating at “BBB,” which indicates low default risk and adequate capacity to pay.

Meanwhile, a stable outlook indicates that the country’s rating is likely to be maintained over the next 18-24 months.

Fitch downgraded the Philippines’ rating outlook to negative in July 2021 due to the pandemic’s impact on the economy.

Meanwhile, the Bangko Sentral ng Pilipinas (BSP) last week paused its tightening cycle and signaled that borrowing costs could remain unchanged at its next two to three meetings.

The Monetary Board on Thursday kept its policy rate unchanged at 6.25%. Interest rates on the overnight deposit and lending facilities were also maintained at 5.75% and 6.75%, respectively.

This is the first time the BSP left rates untouched after nine meetings. Since it began its aggressive monetary tightening cycle in May 2022, the central bank had raised borrowing costs by 425 bps.

BSP Governor Felipe M. Medalla said after the review that they could keep their policy settings steady in the next two to three policy meetings on June 22, Aug. 17 and Sept. 21 if inflation continues to ease as expected.

Investors are looking to lock in “relatively good” rates for long-tenored papers, a trader said in an e-mail.

“However, the relatively lower rate from the previous auction indicated easing inflation expectations,” a trader said.

The BSP last week lowered its average inflation forecast for this year to 5.5% from the 6% it gave in March, still well above its 2-4% target for 2023.

The central bank has said it expects inflation to return within the 2-4% target by the fourth quarter of the year.

Headline inflation slowed to an eight-month low of 6.6% in April. For the first four months, the consumer price index averaged 7.9%.

Tuesday’s auction was the BTr’s last offering of T-bonds for May. It raised the programmed P100 billion for the long-tenored papers as it made full awards at all four auctions this month.

The government borrows from local and foreign sources to help fund its budget deficit, which is capped at 6.1% of gross domestic product this year. — A.M.C. Sy

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