Case Digest (G.R. No. 233918)
Facts:
Filipino Society of Composers, Authors and Publishers, Inc. v. Anrey, Inc., G.R. No. 233918, August 09, 2022, the Supreme Court En Banc, Zalameda, J., writing for the Court.Petitioner FILSCAP is the government‑accredited Collective Management Organization that collects and enforces public‑performance and related rights in musical works assigned to it by local members and by reciprocal agreement with foreign societies. Respondent Anrey, Inc. operates a chain of Sizzling Plate restaurants in Baguio City. Between July and September 2008 FILSCAP’s representative monitored alleged radio broadcasts heard over loudspeakers at Anrey’s establishments and identified songs in FILSCAP’s repertoire; FILSCAP sent demand letters and later filed an amended complaint for copyright infringement, claiming unpaid license fees and damages.
At trial the Regional Trial Court (Branch 6, Baguio City) dismissed FILSCAP’s amended complaint (Decision dated April 15, 2015), applying Sec. 184(1)(i) of R.A. 8293 and concluding the performances fell within an exemption. The trial court denied reconsideration (Order dated June 30, 2015). FILSCAP appealed; the Court of Appeals (CA) in CA‑G.R. CV No. 105430 affirmed the RTC in a Decision dated April 19, 2017 and denied reconsideration in a Resolution dated August 3, 2017, applying U....(Pro-only)
Issues:
- Does the unlicensed tuning in to and playing of radio broadcasts as background music over loudspeakers in restaurant dining areas constitute an actionable public performance/communication to the public under the Intellectual Property Code, amounting to copyri...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
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