28/07/2023
Landmark Decision from the Supreme Court, on copyrighted music, published today.
1. Off the Grill restaurant should have obtained a license from FILSCAP and paid the necessary fees, for (a) allowing live bands to play copyrighted music; and (b) playing recorded copyrighted music in its premises.
2. Filing a duplicate of the document assigning the rights to copyrighted musical works is permissive and not mandatory upon the author or the assignee (such as FILSCAP). Assignees cannot be compelled to file a duplicate copy of the document evidencing the assignment, and have the deeds or agreements published in the IPO Gazette before their rights can be invoked or enforced.
3. Under the Berne Convention, the enjoyment of rights protected by copyright "shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of work." The purpose of registration is to protect subsequent purchasers or mortgagees for value and without notice, since in principle, it is similar to the filing and recording statute pertaining to chattel mortgages.
4. As the assignee, FILSCAP has the right to demand compensation for the playing or performance in public of copyrighted musical works under its catalogue in establishments or other venues, when infringement is being committed due to the absence of a license and payment of fees.
5. The Court acknowledges that FILSCAP, by authority of the deeds/agreements, represents the owners or holders of copyrighted musical works under its catalogue. As the assignee, FILSCAP is tasked to monitor and issue licenses to persons, businesses, establishments, and the like which are interested to play or perform these musical compositions. Although it seems trivial or outrageous to collect fees for this purpose especially when almost everything is readily accessible to the listening public, the copyright owners are still entitled to be compensated for their creative work. There is no question that they invested time, creativity, talent, and effort in the creation and development of their compositions. Thus, assigning FILSCAP to pursue their intellectual property rights on their behalf should not be taken against FILSCAP, as it is acting not merely for its own benefit, but for the copyright owners' as well. Still, FILSCAP's monitoring, licensing, and its other functions should all be exercised within reasonable, proper, and just means.
COSAC, Inc. v. Filipino Society of Composers, Authors, and Publishers, Inc., GR 222537, 28 Feb 2023
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Paki-basa na lang po ang comments section, kung may mga tanong tungkol sa Decision, at kung paano naman ang mga small-time establishments at bands. Baka po mas mabigyang linaw. Salamat!
