Filipino Society of Composer v.
Benjamin Tan (Short title) Benjamin Tan’s Contention:
G.R. No. L-36402 | 148 SCRA 461 | March 16, 1987
Petitioner: FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS,
INC.
Respondent: BENJAMIN TAN
DOCTRINE
The playing of music in dine and dance establishment which was paid for by the public
in purchases of food and drink constituted "performance for profit" within a Copyright
Law.
An intellectual creation should be copyrighted 30 days after its publication, if made in
Manila, 60 days if made elsewhere, failure of which renders such creation public
property.
FACTS
- FilSocCAP is a non-profit association of authors, composers and publishers.
It is the owner of certain musical compositions among which are the songs
entitled: "Dahil Sa Iyo", "Sapagkat Ikaw Ay Akin," "Sapagkat Kami Ay Tao
Lamang" and "The Nearness Of You."
- Banjamin Tan is the operator of "Alex Soda Foundation and Restaurant"
where a combo with professional singers, hired to play and sing to entertain
customers.
- The musical compositions of the FilSocCAP were played at the restaurant
without any license or permission from FilSocCAP to play or sing the same.
o Thus, FilSocCAP demanded payment from Tan for the necessary
license fee for the playing and singing their compositions. The
demand was ignored.
- Tan, while he is not denying the playing of said copyrighted compositions in
his establishment, he maintains that the mere singing and playing of songs
and popular tunes even if they are copyrighted do not constitute an
infringement under Sec. 3 of Copyright Law.
LC: Dismissed the Complaint. Ruled in favor of Tan
CA: Certified the case to the Supreme Court
Hence, this petition.
FilSocCAP’s Contenetion:
- Playing or singing a musical composition is universally accepted as
performing the musical composition and that playing and singing of
copyrighted music in restaurant for the entertainment of the customers
although the latter do not pay for the music but only for the food and drink
constitute performance for profit under the Copyright Law
- Composers of the contested musical compositions waived their right in favor
of the general public when they allowed their intellectual creations to become
property of the public domain before applying for the corresponding copyrights
ISSUE/S
1. W/N playing and signing of musical compositions which have been copyrighted
under the Copyright Law inside an establishment constitute a public performance
for profit.
2. W/N FilSocCAP waived their right in favor of the general Public.
RULING & RATIO
1.
- YES
- The word "perform" as used in the Act has been applied to "One who plays
a musical composition on a piano, thereby producing in the air sound waves
which are heard as music ... and if the instrument he plays on is a piano plus
a broadcasting apparatus, so that waves are thrown out, not only upon the air,
but upon the other, then also he is performing the musical composition."
- "The playing of music in dine and dance establishment which was paid
for by the public in purchases of food and drink constituted
"performance for profit" within a Copyright Law."
- "The Performance in a restaurant or hotel dining room, by persons employed
by the proprietor, of a copyrighted musical composition, for the entertainment
of patrons, without charge for admission to hear it, infringes the exclusive right
of the owner of the copyright." (Herbert v. Shanley Co.)
2.
- YES
- In the case of Santos v. McCullough Printing Co., the court ruled that.
o An intellectual creation should be copyrighted,
o 30 days after its publication, if made in Manila,
o 60 days if made outside Manila,
o failure of which renders such creation public property.
- The composition performed became popular in radios, juke boxes, etc. long
before registration.
- Thus, it is clear that the musical compositions in question had long become
public property and are therefore beyond the protection of the Copyright Law.
DISPOSITION
PREMISES CONSIDERED, the appealed decision of the Court of First Instance of
Manila in Civil Case No. 71222 is hereby AFFIRMED.
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