The Filipino Society of Composers, Authors and Publishers, Inc. (“FILSCAP”) is a non-stock, non-profit association of composers, lyricists and music publishers which enforces the PUBLIC PERFORMANCE & COMMUNICATION TO THE PUBLIC RIGHTS granted by law to copyright owners of musical compositions. It is a member of the Paris-based Confederation Internationale des Societes d’Auteurs et Compositeurs (“CISAC”) which is the umbrella organization of the composer societies around the world.
FILSCAP operates as a Collective Management Organization (“CMO”) for copyright owners of local and foreign musical compositions. It primarily authorizes (through the issuance of a license) the public performance and communication to the public in the Philippines of the musical compositions of its members and the members of its affiliate foreign societies. In consideration for the authorization, FILSCAP collects license fees which it then distributes to its members and affiliate foreign societies. FILSCAP also licenses the synchronization and mechanical reproduction of the musical compositions of some of its members and the members of its affiliate societies.
YES. Under Sec. 183 of our Intellectual Property Code (RA 8293), copyright owners are allowed to designate a society of artists, writers or composers for the enforcement of their economic rights. For the said societies to enforce the rights of their members, however, they should first secure the necessary accreditation from the Intellectual Property Office of the Philippines ("IPOPHL").
FILSCAP has been duly accredited by the IPOPHL to operate as a collective management organization for composers, lyricists, and other music copyright owners.
Copyright societies operating as CMOs have been established in different countries to effectively and efficiently manage the economic rights of copyright owners. Without CMOs, a music copyright owner would have to track, monitor and license every public performance and communication to the public of his works worldwide. A music user, on the other hand, would have to locate and seek permission from every copyright owner of every copyrighted musical composition he intends to publicly perform or communicate to the public.
As provided under Sec. 177 of our Intellectual Property Code, the copy or economic rights of copyright owners consist of the exclusive right to carry out, authorize or prevent the following with respect to their copyrighted works:
2. Modification or transformation;
3. First public distribution;
5. Public display;
6. Public performance; and
7. Other communication to the public.
Exercise of any of the foregoing rights without the consent of, or a license from, the concerned copyright owner constitutes Copyright Infringement and gives rise to civil and criminal liability under the Intellectual Property Code.
FILSCAP primarily enforces the “public performance right” and “communication to the public right” (collectively referred to as the “performing rights”) over the copyrighted musical compositions of its members and the members of its affiliate foreign societies.
The “public performance right” refers to the right to authorize or prevent the public performance of a copyrighted work while the “communication to the public right” refers to the right to authorize or prevent the communication to the public of a copyrighted work.
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.
COMMUNICATION TO THE PUBLIC
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.
For LOCAL MUSICAL COMPOSITIONS, FILSCAP derives its right from the Deeds of Assignment (“DOAs”) executed by its members.
For FOREIGN MUSICAL COMPOSITIONS, FILSCAP derives its right from the Reciprocal Agreements (“RAs”) it entered into with its affiliate performing rights societies abroad. The DOAs and RAs are public records as they have been duly deposited with the National Library pursuant to Sec. 182 of the Intellectual Property Code.
Music-users requiring public performance licenses include: radio, television, cable networks, hotels, restaurants, retail shops, cinemas, departments stores, supermarket, shopping complexes, airlines, live concerts, dancing and music schools, etc.
Time-Based Blanket License This license allows unlimited playing of any musical composition under FILSCAP’s repertoire during the licensed period (at least one year).
One-Off or Event-Based Blanket License This license allows unlimited playing of any musical composition under FILSCAP’s repertoire during the licensed event.
Reproduction License This license allows to reproduce or synchronize a particular work or group of works, subject to the limitations defined in the license granted and the payment of the appropriate fees.
Adaptation License This license allows for the translation, adaptation, abridgement, new arrangement and any other modification of the work.
The distribution of royalties is governed by FILSCAP’s Distribution Rules which has been filed with the IPOPHL. FILSCAP basically distributes the royalties that it collects to its members and affiliate foreign societies less only its administrative expenses (which is capped at 30%), final withholding tax and a maximum 5% contribution for the socio-cultural fund which is used to fund projects that promote or develop local talent and music.
International Organizations World Intellectual Property Office (WIPO), Confederation Internationale des Societes d’Auteurs et Compositeurs (CISAC), etc.
Government OrganizationsIntellectual Property Office of the Philippines (IPOPHL), Bureau of Immigration, Supreme Court, Regional Trial Court, Court of Appeals, etc.
Industry OrganizationsKapisanan ng mga Brodkaster ng Pilipinas (KBP), Philippine Retailers Association (PRA),, Hotel and Restaurant Financial Officers Association of the Philippines (HARFOPHIL) etc.
Failure to obtain a license from FILSCAP will mean that the person, firm or organization is using or exploiting the works belonging to FILSCAP”S worldwide repertoire without authority, and is therefore, in violation of the Intellectual Property Code. Under the Intellectual Property Code, any person found committing copyright infringement shall be criminally and civilly liable under the law.
A person commits copyright infringement when one (a) directly commits infringement; (b) benefits from the infringing activity of another person who commits an infringement of if the person benefiting has been given notice of the infringing activity and has the right and ability to control the activities of the other person; or (c) with knowledge of infringing activity, induces, causes or materially contributes to the infringing conduct of another.
Know more about FILSCAP Standard Rate, just click the link below for details.
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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