25.

FILIPINO SOCIETY OF COMPOSERS v TAN

GR L-36402| March 16, 1987
By: J. Asuncion
J. Paras

DOCTRINE: If the general public has made use of the object sought to be copyrighted for
thirty (30) days prior to the copyright application the law deems the object to have been
donated to the public domain and the same can no longer be copyrighted

PARTIES INVOLVED:
 FILIPINO SOCIETY OF COMPOSERS: Owner of certain musical compositions
entitled, Dahil Sa Iyo, Sapagkat Ikaw ay Akin, Sapagkat Kami Ay Tao Lamang, and
The Nearness of You.
 BENJAMIN TAN: Operator of restaurant known as Alex Soda Foundation and
Restaurant

HOW THE CASE STARTED:

 In the Alex Soda Foundation Restaurant owned by Tan, a combo with professional
singers were hired to play and sing musical compositions mentioned above to
entertain its guests while they are eating.
 However, such playing and singing of music compositions were made without any
license or permission from Filipino Society of Composers. With this, the Society
demanded for payment of necessary license fee but such demand was ignored.
 As a remedy, the Society filed a complaint for infringement of copyright against Tan
for unauthorized playing of their songs.
 ARGUMENT OF SOCIETY: Such playing or singing or their musical composition was
meant for entertainment of customers although the customers do not pay for the
music but only for the food and drink constitute performance for profit
 ARGUMENTS OF TAN:
 Mere singing and playing of songs and popular tunes even if they are
copyrighted do not constitute infringement under Section 3 of Copyright Law.
 The composers of the contested musical compositions waived their right in
favor of the general public when they allowed their intellectual creations to
become property of the public domain before applying for the corresponding
copyrights for the same.
 RULING OF RTC:
 The musical compositions of the Society were in the nature of public property
when they were copyrighter or registered
 The playing and singing of copyrighted musical compositions are not public
performances for profit of the said compositions

ISSUES:
 WON the playing and singing of copyrighted musical compositions inside the
restaurant constitute public performance for profit. [YES]
 If in affirmative, WON Tan is liable for copyright infringement. [NO]

AS TO FIRST ISSUE: YES. There were public performances for profit.

 AS A RULE: The word “perform” connotes one who plays a musical composition on a
piano, thereby producing in the air sound waves which are heard as music.
 Further, it has been held in Buck v Russon that 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' within a Copyright Law.
  IN THIS CASE, it was admitted that the patrons of the restaurant pay only for the
food and drinks and apparently not for listening to the music. The music provided is
for the purpose of entertaining and amusing the customers to make the
establishment more attractive and desirable.
 It will be noted that for the playing and singing the musical compositions
involved, the combo was paid as independent contractors by Tan
 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 01 business which the entertainment was programmed to
attract.
 THUS, it is clear that the playing and singing of the combo was for profit.

AS TO SECOND ISSUE: NO. There was no copyright infringement

 AS A RULE provided in Par. 33 of AO No. 3, an if the general public has made use of
the object sought to be copyrighted for thirty (30) days prior to the copyright
application the law deems the object to have been donated to the public domain and
the same can no longer be copyrighted.
 IN THIS CASE, it was revealed that the musical compositions became available to
the public and became popular even before it was registered for its copyright.
 In particular, Dahil Sa Iyo, which was registered on April 20, 1956 became
popular in rations long before its registration.
 Also, the Nearness of You, was registered on January 14, 1955 had become
popular 25 years prior to 1969, the year of the hearing.
 Furthermore, the songs Sapagkat Ikaw Ay Akin and Sapagkat Kami Ay Tao
Lamang, were bothe registered on July 10, 1966, appear to have been known
and sang by the witnesses as early as 1965.
 THEREFORE, it is clear that the musical compositions in question had long become
public property, and are therefore beyond the protection of Copyright Law.