Monday, January 30, 2023
manilastandard.net
ADVERTISEMENT
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
manilastandard.net
No Result
View All Result
Home News

SC sets new ruling on copyrighted music

Rey E. RequejobyRey E. Requejo
August 12, 2022, 1:00 am
in News, Top Stories
Reading Time: 4 mins read
A A
Share on FacebookShare on TwitterShare on Email

The Supreme Court (SC) has ruled that the act of playing radio broadcasts with copyrighted music using loudspeakers (radio-over-loudspeakers) without a license from the copyright owner is considered an infringement of copyright.

With the decision, the SC granted the petition of the Filipino Society of Composers, Authors and Publishers, Inc. (FILSCAP) as it reversed and set aside the rulings handed down by both the trial courts and the Court of Appeals (CA), which denied the association’s right to collect license fees and/or royalties over copyrighted works of its member artists.

Instead, the high court ordered respondent Anrey, Inc. to pay the FILSCAP P10,000 as temperate damages for the unlicensed public performance of the copyrighted songs on FILSCAP’s repertoire.

The SC also ordered Anrey to pay P50,000 as attorney’s fees, plus interest at the rate of 12 percent per annum from Sept. 8, 2009 until June 30, 2013, and thereafter, six percent per annum from July 1, 2013, until the finality of the high court’s judgment.

In a decision penned by Associate Justice Rodil V. Zalameda, the SC ruled held that “a radio reception creates a performance separate from the broadcast, otherwise known as the doctrine of multiple performances, which provides that a radio (or television) transmission or broadcast can create multiple performances at once.”

ADVERTISEMENT

“Thus, on whether the reception of a broadcast may be publicly performed, it is immaterial if the broadcasting station has been licensed by the copyright owner because the reception becomes a new public performance requiring separate protection,” the SC said.

The high tribunal ruled that radio reception transmitted through loudspeakers to enhance profit does not constitute, and is not analogous to, fair use.

The SC also ordered that a copy of the decision be furnished to the Intellectual Property Office of the Philippines for their guidance and information, as well as to the House of Representatives and the Senate of the Philippines.

This would be a reference for possible statutory amendments to the Intellectual Property Code “without violating the State’s commitments under the Berne Convention and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement,” the tribunal added.

The PIO said the case arose when a FILSCAP representative monitored between July and September 2008 that the branches of Sizzling Plate Restaurant along Session Road and along Abandon Extension in Baguio City, both owned by respondent Anrey, played copyrighted music owned by FILSCAP.

It said that FILSCAP informed the restaurant owners of the unauthorized public performance of copyrighted music and urged them to secure licenses from FILSCAP to avoid prosecution.

When its plea was unheeded, it filed a complaint before the Baguio City Regional Trial Court (RTC) for copyright infringement.

In its defense, Anrey denied playing any copyrighted music within its establishments and claimed that its establishments played whatever was being broadcast on the radio they were tuned to.

In dismissing FILSCAP’s complaint, the RTC cited Section 184 (i) of Republic Act No. 8293, the Intellectual Property Code of the Philippines, which exempts public performances by a club or institution for charitable or educational purposes provided, they are not making profit and they do not charge admission fees.

When its motion for reconsideration was denied by the trial court, FILSCAP elevated the issue before the CA, which upheld the trial court’s ruling. FILSCAP then filed a petition before the SC.

The Supreme Court found merit in FILSCAP’s petition for review, even as it upheld FILSCAP’s legal standing to sue for copyright infringement.

FILSCAP, it noted, is accredited by the Intellectual Property of the Philippines to perform the role of a Collective Management Organization and a member of the Paris-based International Confederation of Societies of Authors and Composers, the umbrella organization of all composer societies worldwide.

The Court noted that it was evident that the first element of copyright infringement has been satisfied: that FILSCAP has the authority to collect royalties and/or license fees and sue for copyright infringement.

“As an assignee of copyright, it is entitled to all the rights and remedies which the assignor had with respect to the copyright,” it said.

The SC held that the free use by commercial establishments of radio broadcasts is beyond the normal exploitation of the copyright holder’s creative work. Denying the petition would gravely affect the copyright holder’s market where instead of paying royalties, they use free radio reception.

It also stressed that FILSCAP was deprived of license fees due to Anrey’s acts of infringement as it failed to receive the benefit of license fees from Anrey, which publicly performed without license or authority the subject copyrighted works in its restaurants for the benefit of its customers and to enhance its profit.

The Court hinted at possible amendments under the Intellectual Property Code, noting that the very broad definition of a public performance in the Code is a cause for concern.

The high court stressed that by the mere definition of what a public performance is, listeners of a radio station, to some extent, risk copyright infringement.

It noted that foreign jurisdictions have recognized this dilemma, with some having already taken steps to address the situation.

Tags: CopyrightMusicSupreme Court
ADVERTISEMENT
Rey E. Requejo

Rey E. Requejo

Related Posts

Trump: 2024 polls ‘one shot’ to save US

byAFP
January 29, 2023, 7:50 pm
0
8
Ombudsman suspends NIA chief, may face dismissal

Donald Trump warned Saturday that the next election would be America’s last chance for salvation as he attempted to revive...

Read more

Unit of Memphis policemen in fatal beating deactivated

byAFP
January 29, 2023, 7:40 pm
0
8
Taliban govt resumes issuing Afghan passports in Kabul

Memphis police on Saturday permanently deactivated the unit of the five officers who fatally beat a young Black man, the...

Read more

Indonesian leprosy survivor crafts
new limbs for shunned villagers

byAFP
January 29, 2023, 7:35 pm
0
8
Taliban govt resumes issuing Afghan passports in Kabul

When Ali Saga visited a clinic in Jakarta four decades ago, he watched as patients and health workers scrambled to...

Read more

Women now drive fast train to Mecca

byAFP
January 29, 2023, 7:30 pm
0
8
Taliban govt resumes issuing Afghan passports in Kabul

Driver Tharaa Ali takes her seat at the helm of a high-speed train ferrying pilgrims to Mecca, a beneficiary of...

Read more

China resumes issuing visas for Japanese citizens

byAFP
January 29, 2023, 7:25 pm
0
8
Taliban govt resumes issuing Afghan passports in Kabul

The Chinese embassy in Tokyo announced Sunday that it would resume issuing visas to Japanese citizens. The move ends a...

Read more

South Korean soldier fires near border – report

byAFP
January 29, 2023, 7:20 pm
0
8
Taliban govt resumes issuing Afghan passports in Kabul

A South Korean soldier mistakenly fired a machine gun near the border with North Korea, prompting the military to inform...

Read more

Print Edition

View More

Recent Posts

  • Recovering
  • Only bad drivers don’t like NCAP
  • ‘Bulacan airport will boost tourism industry’
  • A Pinoy culinary heaven in Portland
  • Run your own milk tea shop with the new interactive Google Doodle
  • Disney-inspired desserts for all seasons
  • Obiena secures 2nd gold for season in French meet
  • Gan sisters, De Guzman, Macasaet lead JGFP winners

Advertisement

Latest News

Disney-inspired desserts for all seasons

byManila Standard Lifestyle
January 29, 2023, 9:30 pm
0
8
Disney-inspired desserts for all seasons

Sugarplum Pastries’ Chef Lovely Jiao, known for her scene-stealing desserts, has unveiled her fairytale-themed collection – which consists of eight-foot...

Read more

Obiena secures 2nd gold for season in French meet

byPeter Atencio
January 29, 2023, 9:20 pm
0
8
Strong Group picks up 2nd win with rout of Libya’s Al Nasr

Filipino pole vault star Ernest John Obiena may have fallen below the expectations of fans in Europe. Ernest John Obiena...

Read more

Gan sisters, De Guzman, Macasaet lead JGFP winners

byManila Standard Sports
January 29, 2023, 9:15 pm
0
8
Strong Group picks up 2nd win with rout of Libya’s Al Nasr

Cagayan de Oro—Hometown bet Ralph Rian Batican and Davao leg champions Nicole and Stephanie Gan, Lucas de Guzman and Brianna...

Read more

Starting ’em young

byManila Standard Sports
January 29, 2023, 9:12 pm
0
8
Strong Group picks up 2nd win with rout of Libya’s Al Nasr

Close to a hundred young golfers aged 9-17 and bracketed into four categories take the big step to their respective...

Read more

Army Navy supports Club200 Endurance Race

byManila Standard Sports
January 29, 2023, 9:10 pm
0
8
Strong Group picks up 2nd win with rout of Libya’s Al Nasr

Food chain giant Army Navy formalized its support to the Club200 200/50 Endurance Race—the Philippines’ biggest motorsports spectacle of 2023...

Read more

Advertisement

ADVERTISEMENT
Facebook Twitter Instagram Youtube

ABOUT US

Manila Standard

Manila Standard website (manilastandard.net), launched in August 2002, extends the newspaper’s reach beyond its traditional readers and makes its brand of Philippine news and opinion available to a much wider and geographically diverse readership here and overseas.

Digital Edition

In tone and content, the online edition mirrors the editorial thrust of the newspaper. While hewing to the traditional precepts of fairness and objectivity, MS believes the news of the day need not be staid, overly long or dry. Stories are succinct, readable and written in a lively style that has become a hallmark of the newspaper.

Download – Today’s Paper

Search

No Result
View All Result

6th Floor Universal Re Bldg., 106 Paseo De Roxas cor. Perea Street, Legaspi Village, 1226 Makati City Philippines

Trunklines: 832-5554, 832-5556, 832-5558

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Pop.Life
    • Newsmakers
    • Hangouts
    • A-Pop
    • Post Its
    • Performances
    • Malls & Bazaars
    • Hobbies & Collections
  • Technology
    • Gadgets
    • Computers
    • Business
    • Tech Plus
  • MS ON THE ROAD
    • Sedan
    • SUV
    • Truck
    • Bike
    • Accessories
    • Motoring Plus
    • Commuter’s Corner
  • Home & Design
    • Residential
    • Commercial
    • Construction
    • Interior
  • Spotlight
  • Gallery
    • Photos
    • Videos
  • Events
    • Seminars
    • Exhibits
    • Community
  • Biyahero
    • Travel Features
    • Travel Reels
    • Travel Logs
  • Pets
  • Advertise with Us

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Install Manila Standard Web App

Install App