Title
Filipino Society of Composers, Authors and Publishers, Inc. vs. Anrey, Inc.
Case
G.R. No. 233918
Decision Date
Aug 9, 2022
FILSCAP sued Anrey, Inc. for unlicensed public performance of copyrighted music in its restaurants. The Supreme Court ruled it as copyright infringement, emphasizing fair use limitations but suggesting exemptions for small businesses.

Case Digest (G.R. No. 233918)
Expanded Legal Reasoning Model

Facts:

  • FILSCAP’s Role and Agreements
    • FILSCAP is a non-profit collective management organization accredited by IPOPHL and CISAC.
    • Members (composers, authors, publishers) assign FILSCAP exclusive public-performance and communication-to-the-public rights over their musical works.
    • Reciprocal agreements authorize FILSCAP to license public performances in the Philippines of foreign repertoire.
  • Anrey’s Restaurants and Monitoring
    • Anrey, Inc. operates three Sizzling Plate restaurants in Baguio City:
      • #116 Session Road
      • #134 Abanao Extension
      • SM Baguio branch
    • FILSCAP’s representative monitored them on four dates in July–September 2008, documenting public radio broadcasts of FILSCAP-managed songs.
    • FILSCAP sent six demand letters (July 2008–March 2009) to secure licenses and royalties; Anrey did not respond.
  • Court Proceedings
    • FILSCAP sued in RTC for infringement, claiming P18,900 in compensatory damages, P300,000 nominal, P100,000 exemplary, and P50,000 attorneys’ fees.
    • RTC (April 2015) dismissed under Sec. 184(i) (charitable/educational exemption).
    • CA (April 2017) affirmed, applying U.S. “homestyle/business” exemptions for small establishments.

Issues:

  • Whether playing unlicensed radio broadcasts as background music in Anrey’s public dining areas constitutes infringement of FILSCAP’s exclusive rights to public performance and/or communication to the public under Sec. 177 of RA 8293.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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