FILSCAP: FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS INC.

(A
WALKTHROUGH)

I. Art and music are basic human functions. Humankind and art cannot function
without one another. We have the burning desire to create, whatever it may be and
however tiny or grand. The interaction with sound is unavoidable, either to make it or take
pleasure in it. People have always found music significant in their lives, whether for
enjoyment in listening, the emotional response, performing, or creating. This is no different
for classical music or contemporary concert music. Both musics have immense worth for our
society; however, the problem we all know in this field is that this music is little known and
hence under appreciated.

Here in our country, musician’s are not that well compensated. In fact, they remain
to be underpaid and under appreciated. With the digital age, music can be easily produced;
the problem is that they are not that protected when it comes to its distribution. That’s
where FILSCAP comes in, along with the intellectual property rights which covers the digital
imprints, distribution and usage of originally produced songs by our fellow Filipinos.

II. Introduction

 How do we protect the rights of the composers and artists?

 Many would say that OPM is dead, but in fact it is really rampant on the
underground scene. Why underground? Because that’s where artists support
each other by attending gigs and buying their materials. But what about the
mainstream? How are artists protected from digital piracy and low income
gigs? How are they treated as an artist or as a composer? How can FILSCAP
help?

 Artists nowadays doesn’t have the means to continue with their craft because
of the digitalization of audio tracks. FILSCAP will play an integral part to
support them on their endeavors thru their association with the respective
Intellectual Property Rights to a song.

 With the laws and such, we can help the artists and composers to gain money
and protect their rights to their craft with the help of FILSCAP.

III. Methods

 As per my personal experience as a musician, I experienced it firsthand and I

want to share and support the music scene here in the Philippines. I have
done some research from the website of FILSCAP and some observations on
the scene. As a former touring band member, I somehow got a grasp on the
system how musicians are paid and compensated. Being independent on the
scene seems difficult but its just all about network and heart. We were
mentored by big bands like Typecast and Pedicab on how they do marketing
and advertising but behind all that are the multimedia distribution techniques
and monetary equivalent of those acts which can be valuable when it comes
to income generation for musicians.
IV. Results

 What are your findings? As per my findings, you really need to struggle to
earn income from music. Unless you have produced a hit or you are with a
major record label. Even with that, they still struggle. How are musicians
compensated? They can earn from talent fees, selling their materials and
royalties. Royalties will be the main point that needs to be tackled as it plays
an integral part on the songs and lifeline of such all through out of the career
of a composer or a musician.

 Are their problems with your findings in terms of answering the questions
posed in the introduction? Yes, they coincide with each other but still needs
to be explained further with the FAQs of FILSCAP.

V. Discussion
 What do your observations mean?

It is really difficult to be a musician here in the Philippines. The

competition is steep and does require one’s grit and heart to survive. Composing
and arranging seems easy on the eyes of many, but the truth it is not. With all
the factors from live concerts, digital recording and distribution everything seems
so instant. Bands and artists are not that well compensated when it comes to
their performance, same goes for their materials which are distributed online.
Unlike back then, CDs and cassette tapes are a thing, today we just download
everything on the internet and without cost which would constitute piracy. The
digital imprints of those materials seems not protected, but the truth they are,
with the Intellectual Property Code of the Philippines.

Who monitor those materials and their respective copyrights? That’s

where FILSCAP comes into picture. They will play a valuable role on every
musicians and composers here in the Philippines.

 Summarize the most important findings.

Does the law recognize FILSCAP? Yes. Under Sec. 183 of our IPC,
copyright owners are allowed to designate a society of artists, writers or
composers for the enforcement of their economic rights. For the said societies to
enforce the rights of their members, however, they should first secure the
necessary accreditation from the IPO and FILSCAP has been duly accredited by
the IPO.

Sec. 183. Designation of Society. - The copyright owners or their heirs

may designate a society of artists, writers or composers to enforce their
economic rights and moral rights on their behalf

What is FILSCAP’s difference from other collecting societies? FILSCAP is a

collective management organization for composers, lyricists and music creators in
the Philippines. FILSCAP grants public performance and communication to the
public licenses. The right being enforced by FILSCAP is a copyright as it is one of
the copy or economic rights enumerated under Sec. 177, Chapter V of the IPC.
 CHAPTER V
COPYRIGHT OR ECONOMIC RIGHTS

Sec. 177. Copy or Economic Rights. - Subject to the provisions of

Chapter VIII, copyright or economic rights shall consist of the exclusive right to
carry out, authorize or prevent the following acts:

177.1. Reproduction of the work or substantial portion of the work;

177.2 Dramatization, translation, adaptation, abridgment, arrangement or

other transformation of the work;

177.3. The first public distribution of the original and each copy of the
work by sale or other forms of transfer of ownership;

177.4. Rental of the original or a copy of an audiovisual or

cinematographic work, a work embodied in a sound recording, a computer
program, a compilation of data and other materials or a musical work in graphic
form, irrespective of the ownership of the original or the copy which is the
subject of the rental; (n)

177.5. Public display of the original or a copy of the work;

177.6. Public performance of the work; and

177.7. Other communication to the public of the work

What is meant by public performance? It refers to the playing, singing or

performance of a copyrighted work either directly or through any device or
process. In the case of audiovisual works, it is the showing of the images in
sequence and the making of the accompanying sound audible to the public. In
the case of a sound recording, it is the making of the recorded sound audio.

What is considered a private performance? A performance is considered

private if the audience is limited only to family members and the close social
acquaintances of that family. Prior authorization will however be required if the
performance is not free of charge.

Can copyright be assigned or transferred? Yes. The copy or economic

rights may be assigned or transferred collectively or separately either perpetually
or for only a limited period of time. Accordingly, there may be several copyright
owners over a particular work. The law requires the assignment to be in writing if
it is made or done during the lifetime of the copyright owner.

Is the prior authorization of the copyright owner necessary for all public
performance of his copyrighted work? No. The Intellectual Property Code
provides exceptions to the rule that prior authorization of the copyright owner is
necessary to public perform a copyrighted work. They are as follows:

1. If made strictly for a charitable institution;

2. If made strictly for a religious institution;
3. If made as part of reports of current events;
 4. If made by mass media for information purposes;
5. If made by way of illustration for information purposes provided it is
compatible with fair use;
6. If made by, or under the control or direction of the Government, National
Library, or by educational, scientific or professional institutions if such use is
in the public interest and is compatible with fair use;
7. If done by a club or institution for charitable or educational purpose only
whose aim is not profit-making in a place where no admission fee is
charged for the public performance; or
8. If made for the purpose of any judicial proceeding or for the purpose of
giving professional advice by a legal practitioner.

Who should get a FILSCAP license? Those who intend to use copyrighted
songs in concerts or events, TV and radio stations, cable providers, new media
(websites, mobile apps, etc.), public transportation, and establishments (hotels,
restaurants, casinos, retail shops, shopping malls, cinemas, supermarkets, salons,
spas, gyms, music lounges, KTV bars, dance clubs, clinics, office spaces,
amusements, music on hold, schools/studios, etc.).

 What conclusions can you draw?

With the technological advancements, FILSCAP will play a vital role when it
comes to musician’s career in the long run especially with the licensing and copyright
infringements. Implementation of those rules and monitoring can be a bit tedious
but with FILSCAP, it would be a less hassle on the part of the musicians and
composers. Though its still inevitable to encounter parasites on the internet who
pirate those materials, artists and composers can still be compensated with the help
of FILSCAP’s services and guidance.

 How do your results fit into a broader context?

With the provisions on the Intellectual Property Code of the Philippines, we

can say that artists and composers can protect their work. Even if it is not absolute,
FILSCAP can help them especially when it comes to the implementation of those laws
towards clients which are the listeners and productions. Unlicensed airing of such
material would constitute a violation of the Intellectual Property Code of the
Philippines, hence, FILSCAP’s existence would greatly help on the implementation of
such.

VI. Conclusion

To sum it all up, there has been a big issue regarding the compensation given
to artists and composers in our country. The digitalization outgrow the needs of the
artists and composers. We can say that there’s not sufficient protection on part of
the artists and composers when it comes to their work and materials distributed
online and live performances.

Even with the Intellectual Property Code of the Philippines, its implementation
and cognizance of those materials all over the internet does not suffice each other.
There should be an organization that would monitor those materials and would
protect the rights of the people behind it.
 That’s where the FILSCAP will come into picture. With the guidelines and
support of FILSCAP, the implementation of the Intellectual Property Code of the
Philippines can be brought up, as they scrutinize the rights of those artists and
composers when it comes to digital distribution and concerts.

It would be beneficial for artists and composers to come and seek the
guidance of FILSCAP so that they can protect their work. Even if it is not absolute,
we can say that it is still a great of a help to them.

As for FILSCAP’s role, what I can see is that they are really trying to improve
on how they can monitor and raise awareness of the issue by conducting seminars all
over the country as well as conducting workshops to those aspiring artists and
composers. With their help, they do not only raise the awareness of the security to
their work, but also help them harness their potentials as artists and composers.
 Filipino Society of Composers, Authors and
Publishers, Inc. (FILSCAP): A Walkthrough on the Laws
Governing the Works of Filipino Artists and Composers

Legal Research
Saturday 2:00 PM - 4:00 PM
Atty. Roderick Villostas

Submitted by:
Carada, Armand Jerome B.