Title
Filipino Society of Composers, Authors and Publishers, Inc. vs. Tan
Case
G.R. No. L-36402
Decision Date
Mar 16, 1987
FILSCAP sued Tan for copyright infringement over songs played in his restaurant. Court ruled no infringement as songs were public property before copyright registration, affirming lower court's dismissal.

Case Digest (G.R. No. 109993)
Expanded Legal Reasoning Model

Facts:

  • Parties and Subject Matter
    • Plaintiff-Appellant: Filipino Society of Composers, Authors and Publishers, Inc. (FSCP)
a non-profit association, owner of musical compositions “Dahil Sa Iyo,” “Sapagkat Ikaw Ay Akin,” “Sapagkat Kami Ay Tao Lamang” and “The Nearness Of You.”
  • Defendant-Appellee: Benjamin Tan
operator of “Alex Soda Fountain and Restaurant,” where a hired combo played and sang FSCP’s copyrighted songs without license or permission.
  • Procedural History
    • FSCP demanded payment of license fees; demand ignored.
    • FSCP filed complaint for copyright infringement on November 7, 1967 in CFI Manila (Civil Case No. 71222).
    • Defendant moved to dismiss for failure to state a cause of action, alleging mere playing/singing not infringing under Sec. 3 of Act 3134.
    • CFI dismissed complaint. FSCP appealed to CA (CA-GR No. 46373-R); CA certified pure question of law to the Supreme Court.

Issues:

  • Do the playing and singing of FSCP’s copyrighted musical compositions in the restaurant constitute “public performances for profit” under the Copyright Law (Act 3134)?
  • If so, can the restaurant operator be held liable for infringement?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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