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    Filipino Society of Composers Vs Bejamin Tan

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    Anonymous ubixYA
    The Filipino Society of Composers, Authors and Publishers sued Benjamin Tan for copyright infringement for playing four songs in his restaurant without permission. Tan argued the complaint did not state an offense, as playing copyrighted songs did not constitute infringement. The issue was whether playing copyrighted music in an establishment open to the public for profit violated copyright law. The court found no infringement because the songs had become public property after the composers allowed more than 30 days to pass before registering the copyright after initial publication, rendering the works ineligible for copyright protection. Therefore, Tan was not liable for copyright infringement.

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    Filipino Society of Composers Vs Bejamin Tan

    Uploaded by

    Anonymous ubixYA
    686 views1 page
    The Filipino Society of Composers, Authors and Publishers sued Benjamin Tan for copyright infringement for playing four songs in his restaurant without permission. Tan argued the complaint did not state an offense, as playing copyrighted songs did not constitute infringement. The issue was whether playing copyrighted music in an establishment open to the public for profit violated copyright law. The court found no infringement because the songs had become public property after the composers allowed more than 30 days to pass before registering the copyright after initial publication, rendering the works ineligible for copyright protection. Therefore, Tan was not liable for copyright infringement.

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    intellectual property case digest

    Original Title

    Filipino Society of Composers vs Bejamin Tan

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    The Filipino Society of Composers, Authors and Publishers sued Benjamin Tan for copyright infringement for playing four songs in his restaurant without permission. Tan argued the complaint did not state an offense, as playing copyrighted songs did not constitute infringement. The issue was whether playing copyrighted music in an establishment open to the public for profit violated copyright law. The court found no infringement because the songs had become public property after the composers allowed more than 30 days to pass before registering the copyright after initial publication, rendering the works ineligible for copyright protection. Therefore, Tan was not liable for copyright infringement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    686 views1 page

    Filipino Society of Composers Vs Bejamin Tan

    Uploaded by

    Anonymous ubixYA
    The Filipino Society of Composers, Authors and Publishers sued Benjamin Tan for copyright infringement for playing four songs in his restaurant without permission. Tan argued the complaint did not state an offense, as playing copyrighted songs did not constitute infringement. The issue was whether playing copyrighted music in an establishment open to the public for profit violated copyright law. The court found no infringement because the songs had become public property after the composers allowed more than 30 days to pass before registering the copyright after initial publication, rendering the works ineligible for copyright protection. Therefore, Tan was not liable for copyright infringement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC.

    , plaintiff- app
    ellant, vs. BENJAMIN TAN, defendant-appellee.
    Plaintiff-appellant:*is the owner of certain musical compositions among which are
    the songs entitled: "Dahil SaIyo", "Sapagkat Ikaw Ay Akin," "Sapagkat Kami Ay Tao
    Lamang" and "The Nearness Of You."*filed a complaint with the lower court for infr
    ingement of copyright against defendant-appelleefor allowing the playing in defen
    dant-appellee's restaurant of said songs copyrighted in thename of the former.Def
    endant-appellee,*countered that the complaint states no cause of action. While n
    ot denying the playing of saidcopyrighted compositions in his establishment, appe
    llee maintains that the mere singing andplaying of songs and popular tunes even i
    f they are copyrighted do not constitute aninfringement under the provisions of Se
    ction 3 of the Copyright Law.

    ISSUE: whether or not the playing and signing of musical compositions which have
    beencopyrighted under the provisions of the Copyright Law (Act 3134) inside the
    establishment of the defendant-appellee constitute a public performance for profit
    within the meaning andcontemplation of the Copyright Law of the Philippines; and
    assuming that there were indeedpublic performances for profit, whether or not ap
    pellee can be held liable therefor.

    Held: NO. It has been held that "The playing of music in dine and dance establish
    ment whichwas paid for by the public in purchases of food and drink constituted "
    performance for profit"within a Copyright Law." Thus, it has been explained that w
    hile it is possible in suchestablishments for the patrons to purchase their food and
    drinks and at the same time dance tothe music of the orchestra, the music is furni
    shed and used by the orchestra for the purpose of inducing the public to patronize
    the establishment and pay for the entertainment in the purchaseof food and drink
    s. The defendant conducts his place of business for profit, and it is public; andthe
    music is performed for profit.Nevertheless, appellee cannot be said to have infring
    ed upon the Copyright Law. Appellee'sallegation that the composers of the contes
    ted musical compositions waived their right in favor of the general public when th
    ey allowed their intellectual creations to become property of thepublic domain bef
    ore applying for the corresponding copyrights for the same is correct.The Suprem
    e Court has ruled that "Paragraph 33 of Patent Office Administrative Order No. 3(a
    s amended, dated September 18, 1947) entitled 'Rules of Practice in the Philippin
    es PatentOffice relating to the Registration of Copyright Claims' promulgated purs
    uant to Republic Act165, provides among other things that an intellectual creation
    should be copyrighted thirty (30)days after its publication, if made in Manila, or wi
    thin the (60) days if made elsewhere, failure of which renders such creation public
    property." Indeed, if the general public has made use of theobject sought to be co
    pyrighted for thirty (30) days prior to the copyright application the lawdeems the
    object to have been donated to the public domain and the same can no longer be
    copyrighted.Under the circumstances, it is clear that the musical compositions in
    question hadlong become public property, and are therefore beyond the protectio
    n of the Copyright Law.

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