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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A radio reception creates a performance separate from the broadcast. This is otherwise known as the doctrine of multiple performances which provides that a radio (or television) transmission or broadcast can create multiple performances at once.
The Supreme Court held that the act of playing radio broadcasts containing sound recordings through the use of loudspeakers amounts to an unauthorized communication of such copyrighted music to the public, thus, violates the public performance rights of FILSCAP.
Filipino Society of Composers, Authors, and Publishers, Inc. (FILSCAP) is a non-profit society of composers, authors, and publishers that owns public performance rights over the copyrighted musical works of its members. It owns the right to license public performances in the Philippines of copyrighted foreign musical works of its members and affiliate performing rights societies abroad.
FILSCAP is deputized to enforce and protect the copyrighted works of its members or affiliates by issuing licenses and collecting royalties and/or license fees from anyone who publicly exhibits or performs music belonging to FILSCAP’s worldwide repertoire.
Anrey, Inc. (Anrey) was assessed by FILSCAP to pay annual license fees for the public performance of the copyrighted works of its members. The assessment came after a representative of FILSCAP monitored the chain of restaurants owned by Anrey in Baguio City and observed that it had played FILSCAP’s copyrighted music.
FILSCAP filed a complaint for copyright infringement before the Regional Trial Court which dismissed the same for lack of merit. On appeal, the Court of Appeals affirmed the RTC’s decision prompting FILSCAP to file a petition for certiorari before the Supreme Court.
Issue: Whether the act of playing radio broadcasts which include copyrighted music in restaurants can he considered, as public performance, and consequently, copyright infringement.
The Supreme Court’s Decision:
The act of playing radio broadcasts containing copyrighted music through the use of loudspeakers (radio-over-loudspeakers) is in itself, a performance.
The Intellectual Property Code defines a “public performance” in the case of a sound recording as making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that family’s closest social acquaintance are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places, and/or at different times, and where the performance can be perceived without the need for communication within the meaning of Subsection 171.3.
In this case, the sound recording is the copyrighted music broadcasted over the radio which Anrey played through speakers loud enough for most of its patrons to hear.
The Supreme Court was not persuaded by Anrey’s contention that it is exempt from securing a license since the radio station that broadcasted the copyrighted music already secured one from FILSCAP.
A radio reception creates a performance separate from the broadcast. This is otherwise known as the doctrine of multiple performances which provides that a radio (or television) transmission or broadcast can create multiple performances at once. Thus, 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 Supreme Court held that the act of playing radio broadcasts containing sound recordings through the use of loudspeakers amounts to an unauthorized communication of such copyrighted music to the public, thus, violates the public performance rights of FILSCAP.
In addition to this, the Supreme Court also noted that radio reception transmitted through loudspeakers to enhance profit does not constitute, and is not analogous to, fair use since the public performances of the copyrighted works in this case were not done privately or made strictly for a charitable or religious institution or society, for information purposes, as part of reports of current events, for teaching purposes, for public interest, or for charitable or educational purpose, or for any judicial proceeding or giving of professional legal advice.
The Court held that the reception was transmitted through loudspeakers within Anrey’s restaurants. Anrey’s restaurants are commercial establishments open to the public Anrey is engaged in the business of running restaurants, whose end-goal is clearly profit making. While Anrey does not directly charge a fee for playing radio broadcasts over its speakers, such reception is clearly done to enhance profit by providing entertainment to the public, particularly its customers, who pay for the dining experience in Anrey’s restaurants.
Filipino Society of Composers, Authors and Publishers, Inc. vs. Andrey, Inc.
G.R. No. 233918, August 9, 2022
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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