Topic: Title: CITATION: G.R. No. L-36402. March 16, 1987. Facts
Topic: Title: CITATION: G.R. No. L-36402. March 16, 1987. Facts
Topic: Title: CITATION: G.R. No. L-36402. March 16, 1987. Facts
FACTS:
Plaintiff-appellant 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."
Appellant filed a complaint with the lower court for infringement of copyright
against defendant-appellee for allowing the playing in defendant-appellee's
restaurant of said songs copyrighted in the name of the former.
ISSUE:
Whether or not the playing and signing of musical compositions which have
been copyrighted under the provisions of the Copyright Law inside the
establishment of the defendant-appellee constitute as infringement of copyright
RULING:
No, it doesnt constitute as infringement.
"SEC. 3. The proprietor of a copyright or his heirs or assigns shall have the
exclusive right:
xxx xxx xxx
(c) To exhibit, perform, represent, produce, or reproduce the copyrighted work
in any manner or by any method whatever for profit or otherwise; if not
reproduced in copies for sale, to sell any manuscripts or any record
whatsoever thereof;
xxx xxx xxx"
In the case at bar, the Supreme Court held that there was indeed a
performance for profit. Also, the combo was paid as independent contractors by the
appellant which means that the expense were 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, it is beyond
question that the playing and singing of the combo in defendant-appellee's
restaurant constituted performance for profit contemplated by the Copyright Law.
A careful study of the records reveals that the song "Dahil Sa Iyo" which was
registered on April 20, 1956 became popular in radios, juke boxes, etc. long before
registration while the song "The Nearness Of You" registered on January 14, 1955
had become popular twenty five (25) years prior to 1968 (the year of the hearing)
or from 1943 (the year of registration) and the songs "Sapagkat Ikaw Ay Akin" and
"Sapagkat Kami Ay Tao Lamang" both registered on July 10, 1966, appear to have
been known and sang by the witnesses as early as 1965 or three years before the
hearing in 1968.