Sun.Star Baguio

Resto wins over Filscap

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THE COURT of Appeals Fourteenth Division absolved a business establishm­ent from infringeme­nt of copyright for playing music aired over radio stations which was earlier promulgate­d by a lower court.

In a decision dated April 19, the appellate court affirmed the earlier decision by the Regional Trial Court Branch 6 saying Anrey Inc., which operates Sizzling Plate restaurant in Baguio City, has not infringed upon the intellectu­al property rights of Filipino Society of Composers, Authors and Publishers, Inc., (Filscap).

“We are elated with the decision and we feel that the collection of such royalty fee is too oppressive for business establishm­ent,” said restaurate­ur and

sportsman Carlos Anton.

Filscap, back in 2009, accused Anrey Inc. of infringeme­nt of copyright for allowing one of its three branches to use radio with extended speakers that broadcast music played over a local radio station.

With this, Filscap through its agent, has instructed Anrey Inc. to secure from them a public performanc­e license and to pay license fees amounting to more or less P6,000 for one of its stores to legitimize the public performanc­e of the musical works inside the restaurant.

Filscap derives its public performanc­e rights over copyrighte­d musical works from the deeds of assignment executed by its member composers, lyricists, and publishers and the reciprocal agreements it entered into with its affiliate performing rights societies abroad.

Anrey refused the requests and demands of Filscap, prompting the private group to file an instant case and demand the payment of more or less P500,000 as nominal damages, compensato­ry damages, and attorney’s fees.

The court ruled Anrey Inc. cannot be said to have infringed upon the Copyright Law as it was not charging any admission fee in publicly playing songs through the radio and it does not charge any additional cost to the customers for the music played in its restaurant­s.

Lawyer Lauro Gacayan meanwhile said with the CA affirming an earlier decision by RTC Branch, they remain optimistic the Supreme Court will rule in their favor if Filscap decides to seek another appeal. Roderick Osis

 ?? Photo by Roderick Osis ?? CA ORDER. Restaurate­ur Carlos Anton and lawyer Lauro Gacayan show the recent decision by the Supreme Court upholding an earlier decision freeing Anrey Inc. from infringeme­nt of copyright for playing music aired over radio stations.
Photo by Roderick Osis CA ORDER. Restaurate­ur Carlos Anton and lawyer Lauro Gacayan show the recent decision by the Supreme Court upholding an earlier decision freeing Anrey Inc. from infringeme­nt of copyright for playing music aired over radio stations.

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