The document discusses the history and current state of music copyright in the Philippines. It outlines key developments like the 1886 Berne Convention, Philippines becoming a signatory in 1951, and the 1997 Intellectual Property Code. It describes economic and moral rights composers hold and the role of collective management organizations like Filscap in licensing works. Challenges include addressing digital piracy and licensing in the archipelago. Filscap aims to increase revenues and open new branches in the coming years.

1. MUSIC COPYRIGHT
1st Elements National Songwriting Camp
7101 Music Nation
November 14 - 20, 2010
Dumaguete City

2. The Beginnings of Copyright
1600
1600
1800 – global
spread
1600
1890 – mass
production
1700

3. The Beginnings of Copyright
The BERNE Convention of 1886
Coverage : Literary, Scientific, and Artistic works
Signatories : 161 countries (as of 2006)
Administration : World Intellectual Property Office
National Treatment
Underlying Principles
Automatic Protection
Minimum Standards:
Levels of Rights Protection
Economic – Reproduction, Broadcast, Transmission, Communication to the
public, Translation, Adaptation, Audio-visual use.
Moral – to claim authorship, and to object to modification and derogatory
actions
Term of Protection – Life of author plus 50 years
Provisions for fair use

4. Copyright in the Philippine Setting
Signatory to the BERNE Convention in 1951
Several R.A.s and E.O.s subsequently but not conforming to
the prescriptions of the Berne Convention until 1997.
RA 8293 (Intellectual Property Code of the Philippines)
was passed in 1997, and enacted in January 1998
Comprehensive and specific laws governing patents,
trademarks and copyright enforced through the Intellectual
Property Office of the Philippines (IPO)
RA 8293 currently being reviewed for possible amendments
to address digital applications.

5. From the moment of creation,
A composer is entitled to a bundle of exclusive rights
Economic Rights
Reproduction Right
Communication to the Public Right
Publication Right
Adaptation Right
Making Available Right
Moral Rights

6. Economic Rights
Reproduction Rights
Mechanical Rights – the right to reproduce the work using a mechanical device
Synchronization Rights – the right to reproduce the work with visuals
Communication to the Public Rights
Broadcasting – the right to relay the work by wire or wireless means
Cable Transmission – the right to relay the work through cable networks
Making Available – the right to make the work accessible to the public at a
time and place that an individual chooses
Public Performance – the right to allow the work to be performed in public
(live or via mechanical means)
Legal Definition of “PUBLIC”
Publication Rights – the right to reproduce the work in print form
Adaptation Rights – the right to translate or revise the work

7. Moral Rights
The right to require that authorship, as far as practicable, be attributed
to him
The right to make alterations of his work or refuse any form of
publication
The right to object to alterations and distortions that may be
prejudicial to his honor and reputation
The right to prevent the use of his name with respect to any work that
is not his creation or to a distortion of his work.
Term of Protection
Author’s life plus 50 years
For joint authorship, last surviving author’s life plus 50 years
If creator is unknown, 50 years from publication/making

8. Limitations and the Concept of Fair Use
FAIR USE: For criticism, comment, teaching, news reporting, teaching,
scholarship, research and similar purposes
Public performance that is done in private and free of charge, or for
purely educational or religious purposes.
The reproduction and communication to the public of artistic works as
•
part of reports of current events by means of to the extent necessary for
the purpose
The making of ephemeral recordings by a broadcasting organization by
means of its own facilities and for use in its own broadcast
The use of a work under the direction and control of the Government,
the National Library, or for any judicial proceedings.

9. Whenever possible, the individual management of rights is preferred
Reproduction Right
Publication Right
Adaptation Right
Making Available Right
Communication to the Public Right

10. Communication to the Public Right
Too many music users
Foreign usage
Economies of Scale
Convenience for business owners
Collective Management Organizations (CMOs) were formed to
manage the rights that are difficult for creators to handle as
individuals.
Filscap is the only composers’ CMO in the Philippines

11. FILSCAP, INC
Established in 1965
Primary function is to collect public
performance royalties
Administers and manages
other economic rights
(mechanical reproduction and
adaptation rights) for a few
composers

12. WHAT WE DO
Assigns:
Public
Performance
Composers
Assigns:
Reproduction Rights Licenses
Publication Rights Public
Public Performance
Adaptation Rights Assigns:
Performance
Licenses
Reproduction Rights
Publication Rights
Adaptation Rights
Publisher End Users

13. WHAT WE DO
Composers
Distributes Public
Performance
Royalties
Distributes
Reproduction,
Pay License
Adaptation, and
Fees
Publication Royalties
Pay Reproduction,
Adaptation, and Publication
Royalties
Publisher End Users

14. Foreign Affiliates
Sister Societies
•
Independent Agencies
•
Denmark
Sweden
CANADA
Lithuania
SOCAN United Kingdom
Czechoslovakia
Hungary
SODRAC HollandGermany
Switzerland
Netherlands
Ireland Slovak Republic
USA ASCAP, Belgium
Austria
BMI SESAC, FranceItalyGeorgia
Spain KoreaJapan
HFA Greece
Macau
Taiwan
Cuba Hongkong
Thailand
Peru Malaysia
Singapore
Colombia
Indonesia
Brazil
South Africa Australia
Argentina
Currently being finalized – India, Mexico, and Brazil (Abramus)

15. MEMBERSHIP
Regular Members
Songwriters who have published, recorded, or publicly performed works
•
Music Publishers
•
Associates
Copyright Owners/Successors
•
Songwriters with unpublished or unrecorded works
•
Membership Growth
10
9
8
7
6
5
4
3
2
1
0

16. 2010 BOARD OF TRUSTEES
Standing L-R: Noel Cabangon, Snaffu Rigor, Kedy Sanchez (RGMA) Gary Granada, Nonoy Tan, Tito
Cayamanda, Mon Del Rosario, Pablo Vergara, Ceasar Apostol (Star Songs),
Seated L-R: Baby Gil, Doris Saturno, Rachel Dacillo (EMI), Trina Belamide, Ramon Chuaying
(Universal Records), Alvin de Vera (Alpha Records)

17. LICENSING
Revenue Data (2005 to 2009)
Performance Licensing (TOTAL)
10
9
8
7
6
5 Mechanical Reproduction
4
3
2
1
0
Foreign Royalties 10
8
6
4
10
2
8
0
6
4
2
0

18. LICENSING
Revenue Data (2005 to 2009)
Total Revenues*
10
9
8
7
6
5
4
3
2
1
0
*From audited financial statements

19. LICENSING
2009 Revenue Sources

20. DISTRIBUTION
How We Distribute
Returns Data Upload to Processed by Distribution
Encoding MIS@Asia MIS@Asia Reports
Cue sheets
Foreign Remittance thru
Telegraphic Transfer Checked by
Tax deductions
(Accounting Dept) membership unit
Uploaded to ATM
payment system
(local recipients)

21. MILESTONES
1965 – ASCAP Assistance
1980s – CISAC Assistance
1994 – HRAP MOA
1996 – Signing of Memorandum of Agreement with the KBP

22. MILESTONES
1997 – Enactment of Republic Act 8293 (Intellectual Property Code of the Philippines)
2002 – Licensing Agreement signed with SM Prime Holdings
2004 – Signing of Licensing Agreement with GMA7 Network

23. MILESTONES
2004 – Signing of Licensing Agreement with ABS CBN
2005 – Memorandum of Agreement with The Bureau of Immigration & Deportation

24. MILESTONES
August 2006 – Filscap purchases its
own property
October 2007 – Filscap moves into
its own office

25. MILESTONES
March 2007 – FILSCAP is accepted as a regular member of
CISAC
2008 – FILSCAP opens its 1st
branch in Baguio City

26. MILESTONES
2008 – MOA signed with the Philippine Retailers Association (PRA)
2009 – Licensing agreement signed with the Robinsons’ retail stores

27. MILESTONES
2010 – The First Filscap Songwriting Competition

28. CHALLENGES AHEAD
LONG TERM:
Addressing digital usage and piracy
Cost efficient licensing in an archipelago
The slow wheels of justice
Guns and Goons
SHORT TERM TARGETS
P73.0M in revenues for 2010
P83.0M in revenues for 2011
Open Davao branch in 2011
Open Cebu branch in 2012

29. George Canseco
1973-1987 - Board of Director
1988-1997 – President
1998-2005 - Chairman
“Please continue with the fight to enforce our
rights as composers!”
“Always remember that we
composers never die…
we only decompose.”
Filipino Society of Composers, Authors
and Publishers, Inc.