Title
Filipino Society of Composers and Publishers vs. Wolfpac Communications, Inc.
Case
G.R. No. 184661
Decision Date
Feb 25, 2025
FILSCAP sued Wolfpac for copyright infringement, asserting Wolfpac's pre-listening function of ringtones was public performance needing a license. The court ruled it as communication to the public and applied fair use, dismissing the claim.

Case Digest (G.R. No. L-12880)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • FILSCAP (Filipino Society of Composers and Publishers) is an association of copyright owners authorized to grant licenses for public performance, mechanical reproduction, or synchronization of their musical works and to collect royalties.
    • Wolfpac Communications, Inc. markets mobile phone applications including ringtones distributed via partner-operators through wireless technology.
  • Dispute Origin
    • In 2004, FILSCAP found that Wolfpac’s website offered a "pre-listening function" allowing consumers to listen to 20-second samples of songs before downloading ringback tones.
    • FILSCAP demanded Wolfpac secure licenses and pay royalties, which Wolfpac refused, claiming no public performance occurred.
  • Trial Court Proceedings
    • FILSCAP filed a complaint for copyright infringement and damages.
    • Wolfpac argued the pre-listening samples: (a) are free, (b) intended for private performance, (c) lack commercial value, and (d) were authorized via agreements with composers.
    • The Regional Trial Court held the downloading constituted communication to the public but the pre-listening function did not amount to public performance and was protected under fair use.
  • Parties' Positions on Appeal
    • FILSCAP contended the pre-listening constituted public performance needing licenses and that fair use was inapplicable.
    • Wolfpac argued the sample listening was communication to the public, not public performance, was authorized by agreements, and qualified for fair use.
  • Supreme Court Admission and Jurisdiction
    • The Supreme Court accepted the petition upon pure questions of law involving copyright exceptions and economic rights distinctions.

Issues:

  • Whether the pre-listening ringtones sample on Wolfpac's website constitutes public performance or communication to the public.
  • Whether Wolfpac’s use of the samples constitutes copyright infringement.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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