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AT A GLANCE:
The court clarified that copyright infringement occurs when an unauthorized party exercises economic rights, including communication to the public, without consent. Filscap, accredited to enforce copyright, had valid standing to sue. The court noted that Home Cable’s broadcast of music through cable TV constituted a public communication of copyrighted works.
Home Cable’s defense, citing a previous case involving cable retransmission, was rejected because it did not align with the nature of the agreements in this case. The court emphasized that copyright infringement for communicating works to the public is distinct from other forms of retransmission and reiterated that the copyright holder’s rights remain intact even if works are used in derivative formats.
Home Cable, a company specializing in cable television, entered into agreements with Precision Audio Video Service, Inc. (Precision Audio) for distributing and airing videoke laser discs and operating additional channels. Precision Audio assured Home Cable that it held full copyrights and necessary permits for the laser discs.
Filipino Society of Composers, Authors and Publishers, Inc. (Filscap) discovered that Home Cable was broadcasting its members’ and affiliates’ musical compositions on certain channels without a license. Filscap requested that Home Cable obtain a license and pay the appropriate fees. When Home Cable continued broadcasting without a license, Filscap filed a complaint for injunction and damages.
The Regional Trial Court (RTC) found Home Cable guilty of copyright infringement. However, the Court of Appeals (CA) modified the decision, stating that there was no basis for actual damages. Filscap subsequently filed a Petition for Review on Certiorari with the Supreme Court (SC).
Under the Intellectual Property Code, literary and artistic works, including audiovisual works like videoke, are protected from creation. Copyright encompasses various economic rights, such as reproduction, public distribution, public performance, and communication to the public.
Filscap, a collective management organization for composers, authors, and publishers, found Home Cable broadcasting its copyrighted musical compositions without a license. Filscap argued this constituted copyright infringement and sought damages.
The court clarified that copyright infringement occurs when an unauthorized party exercises economic rights, including communication to the public, without consent. Filscap, accredited to enforce copyright, had valid standing to sue. The court noted that Home Cable’s broadcast of music through cable TV constituted a public communication of copyrighted works.
Home Cable’s defense, citing a previous case involving cable retransmission, was rejected because it did not align with the nature of the agreements in this case. The court emphasized that copyright infringement for communicating works to the public is distinct from other forms of retransmission and reiterated that the copyright holder’s rights remain intact even if works are used in derivative formats.
The Supreme Court denied Home Cable’s petition, affirming that the infringement was correctly identified and that Filscap’s role and claims were valid.
Source:
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