Playing songs can’t be done for a song

BAGUIO CITY — Hundreds of businessmen and radio station owners in this mountain resort city who broadcast songs are now up in arms against the collection of what they described as “excessive” royalty fees by a purported organization of composers and artists, saying the group has no sufficient basis to demand from them payment of such fees.

The Kapisanan ng mga Broadcasters sa Pilipinas (KPB) Baguio-Benguet chapter said the Filipino Society of Composers, Authors and Publishers (FILSCAP) has been collecting fees from business establishments who are playing songs.

While the KBP does not question the group’s collection of royalty fees from radio stations, it argued FILSCAP should not abuse its authority and refrain from collecting fees from business establishments which merely air what is being played over the radio as they might be overdoing themselves which could run counter to their goals and objectives.

Some broadcast stations in the city have also questioned the authority of the organization to collect the fees from the local businessmen.

The local broadcasters and the affected businessmen also demanded the group to show the authority from the composers for them to collect the fees from them, claiming they are being shortchanged on the matter since they are not shown the basis for paying these fees.

Another issue being questioned by local businessmen is the group’s collection of royalty fees from them for playing songs composed and sang by foreign artists.

According to the group, royalties being collected are being reportedly remitted to the artists annually but no proof is shown to satisfy the clamor of the affected businessmen and radio stations.

The group could only explain the Intellectual Property Code of the Philippines justifies the collection of fees during public performances, which include among others, the broadcast of songs in malls, restaurants, bars and other business establishments, as well as adaptation for jingles.

Music is categorized into three: public performance, private use, and for educational purposes, thus, the playing of songs in business establishments falls under public performance.

Exemptions are granted to those who use music in their homes, educational or scientific purposes or those which are not profit oriented.

Section 203 of the Intellectual Property Code provides the scope of a performer’s rights which includes exclusive rights indirect or direct reproduction of their performances which in sound recordings in any manner or form. – Dexter A. See