FILSCAP v. Anrey Inc.

• Who are the parties involved in the case?


  Filipino Society of Composers, Authors and Publishers, Inc. (FILSCAP) and Anrey, Inc.
• What was FILSCAP's complaint against Anrey, Inc.?


  FILSCAP filed a complaint against Anrey, Inc. for copyright infringement.
• What is FILSCAP's role in the case?


  FILSCAP is a non-profit society that owns public performance rights over copyrighted musical works and licenses public performances in the Philippines.
• What was Anrey, Inc.'s argument in response to FILSCAP's complaint?


  Anrey, Inc. argued that the radio stations it tuned in to had already paid royalties for the copyrighted music it played.
• What was the decision of the Regional Trial Court (RTC) regarding FILSCAP's complaint?


  The RTC dismissed FILSCAP's complaint, citing an exemption for public performances for charitable or educational purposes.
• What was the decision of the Court of Appeals (CA) regarding FILSCAP's complaint?

  The CA affirmed the RTC's decision, applying exemptions for small business establishments in the United States.
• What was the ruling of the Supreme Court?


  The Supreme Court ruled in favor of FILSCAP, finding that the unlicensed playing of radio broadcasts as background music in dining areas of a restaurant constitutes copyright infringement.
• What rationale did the Supreme Court provide for its ruling?

  The Supreme Court held that radio reception through loudspeakers is a performance and constitutes copyright infringement. The act of playing radio broadcasts creates a copyrightable performance separate from the broadcast itself.
• What exemptions did Anrey, Inc. argue applied to their use of copyrighted music?

  Anrey, Inc. argued for exemptions for charitable or educational purposes and small business establishments in the United States.
• What did the Supreme Court conclude regarding Anrey, Inc.'s argument for exemptions?


  The Supreme Court rejected Anrey's argument for exemptions, stating that the exemption for charitable or educational purposes only applies to institutions with non-profit aims and emphasizing that intellectual property rights are governed by national law.
• Does the exemption for public performances apply to Anrey?


  No. Public performances for charitable or educational purposes does not apply to commercial establishments like Anrey's restaurants.