The Supreme Court (SC) has ruled that letting customers listen to a 20-second sample of a ringtone before buying it does not violate copyright laws.
In a decision written by Associate Justice Mario Lopez, the SC En Banc upheld the ruling of a Regional Trial Court (RTC) that dismissed the complaint of the Filipino Society of Composers and Publishers (Filscap) against Wolfpac Communications Inc. (Wolfpac) for copyright infringement and damages.
Wolfpac develops mobile phone apps and distributes them through partner networks, such as Smart Communications Inc. (Smart).
Filscap, which collects royalties for songwriters and composers, objected to a Smart newspaper ad that allowed customers to preview ringback tones online before purchasing.
Filscap claimed that this required a license and payment of royalties. But Wolfpac argued there was no copyright violation because there was no public performance – the samples, which were free and had no independent commercial value, were only listened to privately by potential consumers.
Wolfpac also claimed that it had deals with composers authorizing the public performance of their music by converting them into downloadable ringtones.
The RTC ruled in Wolfpac’s favor, saying that the 20-second ringtone preview did not count as public performance. It also said the preview was allowed under the fair use doctrine, which permits limited use of copyrighted material without needing the owner’s permission, adding it is normal for consumers to sample a product before deciding to buy it.
Since Wolfpac was using the short clip for promotional purposes and had agreements with the composers, it did not need a separate performance license.
The SC, in agreeing to the RTC ruling, said that copyright is violated when someone uses a protected work without permission in ways that go against the owner’s rights, such as performing, copying, or distributing it for profit.
However, the Intellectual Property (IP) Code allows certain exceptions, including private performance done for free or the use of the work for teaching, information, charity, or religious purposes.
In this case, the SC found that Wolfpac’s agreements with the composers did not specifically cover the use of song samples for previews. But it ruled there was no copyright infringement because the previews qualified as fair use.
The 20-second previews help potential customers make informed decisions before downloading a ringtone. While the SC found the sample length to be substantial, it considered it reasonable and necessary to achieve Wolfpac’s goal of informing users about the ringtones.
The SC also said the previews do not harm the composers or replace the value of the copyrighted work. The samples are not meant to entertain and cannot be downloaded, so they do not substitute for the paid ringtones, the SC Office of the Spokesperson said in a press release May 20.
A person infringes on the right to public performance if they play or perform a copyrighted work in public without permission. The right to communication to the public is violated when someone makes the work available to the public by transmitting it through wire or wireless means, it added. ||
