Case Digest (G.R. No. L-36402)
Facts:
Filipino Society of Composers, Authors and Publishers, Inc. v. Benjamin Tan, G.R. No. L-36402, March 16, 1987, the Supreme Court Second Division, Paras, J., writing for the Court.The plaintiff-appellant, Filipino Society of Composers, Authors and Publishers, Inc., is a non-profit association of authors, composers and publishers registered with the SEC and owner of certain musical compositions, including "Dahil Sa Iyo," "Sapagkat Ikaw Ay Akin," "Sapagkat Kami Ay Tao Lamang," and "The Nearness Of You." The defendant-appellee, Benjamin Tan, operated the "Alex Soda Fountain and Restaurant" where a hired combo with professional singers publicly played and sang those compositions without a license or permission from the plaintiff.
After a demand for license fees was ignored, the plaintiff filed a copyright infringement complaint on November 7, 1967 in the Court of First Instance of Manila (Civil Case No. 71222). The defendant admitted the performances but contended the complaint stated no cause of action because mere playing and singing did not constitute infringement under the Copyright Law (Act 3134). The trial court (Judge Gregorio T. Lantin) dismissed the complaint.
The plaintiff appealed to the Court of Appeals (CA-G.R. No. 46373-R). The Court of Appeals considered the case to present pure questions of law and certified those questions to the Supreme Court for final determination (CA resolution and subsequent Supreme Court certification in February 1973). The appellate record included testimony showing the songs had been widely known and u...(Pro-only)
Issues:
- Does the playing and singing of copyrighted musical compositions in a restaurant constitute a "public performance for profit" within the meaning of the Copyright Law (Act 3134, as amended)?
- If such performances are "public performances for profit," can the restaurant operator be held liable for infringement, or are the compositions in the public domain because of prior public use...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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