Filipino artists forge pacts to collect copyright dues

Filipino composers, authors and publishers are hoping to forge more agreements that will allow them to collect royalties from the “public playing” of copyrighted music and other materials.

Mark Thursday Alciso, general manager for the Filipino Society of Composers, Authors and Publishers (Filscap) explained that the group would grant a license to allow any party or company to use copyrighted work, such as music, and play it in their establishments or any public space. The group will also provide compensation to composers, authors and publishers for use of their work through the fees collected.

Alciso told the Inquirer that the group continues to face difficulties in forging agreements and collecting fees from malls, shopping centers and establishments due largely to lack of awareness and understanding of the intellectual property rights accorded to Filipino composers, authors and publishers.

“Many do not recognize these rights. Some don’t even know that that right exist… When we go out to explain, we got adverse reactions, with some thinking that what we are doing might be a scam,” Alciso said.

The rights Alciso was referring to are provided under Republic Act No. 8293 or “An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and for other Purposes.”

The law provides the economic rights for owners to carry out, authorize or prevent a number of acts including reproduction of the work or substantial portion of the work; public display of the original or a copy of the work; and public performance of the work, among other provisions.

Thus, playing music in a restaurant without any due license, for instance, already comprises an infringement, according to Alciso. He further clarified that the purchase of a CD does not allow one to use the music publicly since CDs are meant for personal use.

Also, Filscap lacks the manpower to monitor the establishments, particularly those that just opened, to check whether the operators have secured licenses to play their music.

This is why Filscap has gone out to deal with organizations and forge agreements with them.

At present, Filscap has signed licensing agreements with a number of organizations, including KBP (Kapisanan ng mga Brodkasters sa Pilipinas), TV stations, hotel and restaurant associations, and the SM Malls, among others.

“The use of music enhances business, and the use of copyrighted music requires permission from the copyright owner. Thus, the act of recognition to the economic right [through the license that Filscap grants] has to be respected,” said Filscap president Noel Cabangon.