By Atty. Gregorio B. Austral, CPA
Public performance for profit of musical
compositions a violation of copyright
A musical composition is a protected work of art. From the moment of its
creation, copyright vested to the composer of a song. The composer is vested by law
with economic and moral rights. Economic rights consist of the exclusive right to carry
out, authorize or prevent the reproduction of the work or substantial portion of the
work; dramatization, translation, adaptation, abridgment, arrangement or other
transformation of the work; the first public distribution of the original and each copy of
the work by sale or other forms of transfer of ownership; rental of the original or a copy
of an audiovisual or cinematographic work, a work embodied in a sound recording, a
computer program, a compilation of data and other materials; public display of the
original copy or a copy of the work; public performance of the work; or other
communication to the public of the work.
One common copyright violation is public performance of the song for profit. In
the case of Filipino Society of Composers vs. Tan, 148 SCRA 461, March 16, 1987, the
petitioner is the owner of certain musical compositions among which are the songs
entitled: “Dahil Sa Iyo,” “Sapagkat Ikaw Ay Akin,” “Sapagkat Kami Ay Tao Lamang”
and “The Nearness of You.”
Respondent is the operator of a restaurant known as “Alex Soda Foundation and
Restaurant” where a combo with professional singers, hired to play and sing musical
compositions to entertain and amuse customers therein, were playing and singing the
above-mentioned compositions without any license or permission from the petitioner to
play or sing the same.
Is the playing and singing of musical compositions which have been copyrighted
a violation of the law?
Indeed, there were “public performances for profit.” The playing of music in
dine and dance establishment which was paid for by the public in purchases of food and
drink constituted performance for profit. The music provided is for the purpose of
entertaining and amusing the customers in order to make the establishment more
attractive and desirable. It is therefore obvious that the expenses entailed thereby are
added to the overhead of the restaurant which are either eventually charged in the
price of the food and drinks or to the overall total of additional income produced by the
bigger volume of business which the entertainment was programmed to attract.
Consequently, the playing and signing of the combo in respondent’s restaurant
constituted public performance. (Digest lifted from the book entitled Intellectual
Property Code Simplified by Rocille S. Aquino-Tambasacan)