SC reaffirms musical artists’ intellectual property rights

By Rey E. Requejo

THE Supreme Court (SC) has upheld the authority of the Filipino Society of Composers, Authors and Publishers, Inc. (FILSCAP) to protect the owners and holders of copyrighted musical works.

In a 32-page en banc decision authored by Associate Justice Ramon Paul Hernando, the SC dismissed a petition filed by Cosac Inc., seeking to set aside a May 28, 2015 decision and a January 14, 2016 resolution of the Court of Appeals that upheld the October 2012 and July 22, 2013 orders issued by the Regional Trial Court (RTC) of Quezon City ordering the petitioner to pay FILSCAP damages for unpaid license fees and royalties.

However, the SC modified the appellate court ruling when it lowered the damages awarded to FILSCAP from P317,050 for unpaid license fee and royalties to P300,000.

But it imposed a 12 percent interest per year from February 13, 2006 until June 30, 2013, and at the rate of six percent per year from July 1, 2013 until the date of finality of the judgment.

“As a final note, 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,” the SC ruled.

“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,” it said.

FILSCAP is a non-stock, non-profit corporation comprised of composers, authors, and music publishers which is authorized to issue licenses and collect license fees for the public performance of copyrighted musical works under its repertoire, whether for profit or not.

It is tasked to enforce and protect the performing rights of copyright owners of musical works.