Copyright FAQ

What is the duration of copyright?

The lifetime of the creator plus 50 years.

What is meant by “public performance”?

It refers to the playing, singing or performance of a copyrighted work either directly or through any device or process. In the case of audiovisual works, it is the showing of the images in sequence and the making of the accompanying sound audible to the public. In the case of a sound recording, it is the making of the recorded sound audible to the public.

What is meant by “communication to the public”?

It refers to any communication to the public, including broadcasting, rebroadcasting, retransmitting by cable, broadcasting and retransmitting by satellite, and includes the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them.

What is considered as “private performance”?

A performance is considered private if the audience is limited only to family members and the close social acquaintances of that family. Prior authorization will however be required if the performance is not free of charge.

Can copyright be assigned or transferred?

Yes. The copy or economic rights may be assigned or transferred collectively or separately either perpetually or for only a limited period of time. Accordingly, there may be several copyright owners over a particular work.

The law requires the assignment to be in writing if it is made or done during the lifetime of the copyright owner.

Is the prior authorization of the copyright owner necessary for all public performances of his copyrighted work?

No. The Intellectual Property Code provides exceptions to the rule that prior authorization of the copyright owner is necessary to public perform a copyrighted work.  They are as follows:

1. If made strictly for a charitable institution;
2. If made strictly for a religious institution;
3. If made as part of reports of current events;
4. If made by mass media for information purposes;
5. If made by way of illustration for information purposes provided it is compatible with fair use;
6. If made by, or under the control or direction of the Government, National Library, or by educational, scientific or professional institutions if such use is in the public interest and is compatible with fair use;
7. If done by a club or institution for charitable or educational purpose only whose aim is not profit-making in a place where no admission fee is charged for the public performance; or
8. If made for the purpose of any judicial proceeding or for the purpose of giving professional advice by a legal practitioner.

Fees Assessment

Fees Assessment

Know more about FILSCAP Standard Rate, just click the link below for details.

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Licensing Overview

What is public performance license?

Any person or corporation causing or authorizing a public performance in the Philippines of any copyrighted music belonging to FILSCAP’s

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