|
What is FILSCAP?
Where did FILSCAP derive its authority to administer the copyrights of
the original creators and owners of original musical works?
What are the rights administered by FILSCAP?
What is public performance right?
Who needs a license from FILSCAP?
Who is responsible for getting license from FILSCAP?
What is the nature of FILSCAP licenses?
How do I get a FILSCAP license?
Is FILSCAP a government body?
Why do I need a FILSCAP license to play television or radio broadcast
in my business establishment?
How do I know if I am playing FILSCAP’s music?
What if I don’t obtain a license from FILSCAP?
I bought an original disc for my business. Do I need to get a FILSCAP
license to play it in my business or event?
What is FILSCAP?
The Filipino Society of Composers, Authors and Publishers, Inc. (FILSCAP) is a non-stock,
non-profit association of composers, lyric-writers and music publishers established
in 1965 to administer the public performance, mechanical reproduction and synchronization
rights granted by law to creators and owners of original musical works.
Where did FILSCAP derive its authority to administer the copyrights
of the original creators and owners of original musical works?
FILSCAP drives its authority from Deeds of Assignment executed by its local members
and form reciprocal representation agreements entered into with foreign societies.
What are the rights administered by FILSCAP?
FILSCAP administers mainly the public performance rights of its members. FILSCAP
also administers, on a case-to-case basis, the mechanical reproduction and synchronization
rights of its members.
What is public performance right?
Under the Intellectual Property Code of the Philippines, public performance of a
musical work means the singing, reciting, playing, dancing or otherwise performing
of the work, either directly to a live audience or by means of any device or process,
at a place or at places where persons outside the normal circle of family and that
family’s closest social acquaintances are or can be present, irrespective of whether
they are or can be present at the same place or at the same time, or at different
places and/or at different times.
To publicity perform and to communicate to the public musical work are vested exclusively
on the copyright owner of the musical work.
Who needs a license from FILSCAP?
Any person, firm or corporation causing or authorizing a public performance in the
Philippines of any copyrighted music belonging to FILSCAP’s worldwide repertoire
must obtain a public performance license from FILSCAP.
Examples of music users are: radio, television, shops, cinemas, beer gardens, department
stores, restaurants, discos, health/aerobic centers, shopping complexes, live concerts,
airlines, offices and many more.
Who is responsible for getting license from FILSCAP?
Generally, it is the proprietor or operator of the premises at which the music is
being performed or the promoter of the performances who is responsible for obtaining
a license from FILSCAP prior to any performance of the copyrighted music in public.
What is the nature of FILSCAP licenses?
A license for public performance granted by FILSCAP is an annual “blanket” license
to use any music within FILSCAP’s worldwide repertoire, and is valid from year to
year until terminated in writing by either FILSCAP or the licensee.
A license for mechanical reproduction and synchronization right granted by FILSCAP
is a permission granted to a licensee to reproduce or synchronize a particular work
or group of works, subject to the limitations defined in the license granted and
subject to the payment of the appropriate fees.
How do I get a FILSCAP license?
Just fill out the application form from FILSCAP or call us at the following contact
numbers: (02) 721-3903; (02) 721-3768. Or visit us at our office located a: 1365
E. Rodriguez S. Ave., Q.C.
Is FILSCAP a government body?
NO, because copyright is a private right. The owners of musical works are the composers,
authors and music publishers not the government.
Why do I need a FILSCAP license to play television or radio broadcast
in my business establishment?
Television and radio stations are licensed with FILSCAP to broadcast music. However,
the license does not cover further public performance by those receiving the broadcast.
Television and radio broadcast is meant for private use hence, commercial establishments
who are using television or radio broadcast in their business premises are required
to obtain license from FILSCAP.
How do I know if I am playing FILSCAP’s music?
FILSCAP administers a whole range of repertoire of music, protecting the rights
of millions of composers worldwide. It is impossible not to use FILSCAP’s music
at a given time.
What if I don’t obtain a license from FILSCAP?
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 repertoire without proper
authority.
This act is considered an act of infringement of copyright under the Intellectual
Code of the Philippines and the person o entity guilty of copyright infringement
may either be criminally or civilly persecuted.
I bought an original disc for my business. Do I need to get a
FILSCAP license to play it in my business or event?
The disc you bought is only meant for private use and its cost does not include
payment for public performance. If you use it in your business, permission from
the owners of musical works contained in the disc is required. Owners of copyright
works are represented by FILSCAP.
|