Sound Rights: The Supreme Court on music and copyright

Music is intangible, but its benefits are real.

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In recent years, the Supreme Court decided two landmark decisions — FILSCAP v. Anrey, Inc. and COSAC v. FILSCAP — which now lay the foundation for interpreting rights involving communication to the public and public performance of copyrighted musical works.

At the constitutional level, the State is mandated to protect the rights of creators, including artists. Article XIV, Section 13 of the 1987 Constitution provides: “The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.”

Republic Act No. 8293, or the Intellectual Property Code of the Philippines (IP Code), implements this mandate through the recognition of copyright, which grants owners a bundle of rights over their literary and artistic works.