Bayanihan Music vs. BMG GR No.

166337, March 7, 2005

Facts:

On July 6, 1973, Jose Mari Chan entered into a contract with Bayanihan Music Philippines
Inc. , where the latter assigned all his rights , interests and participation, over his musical composition “
Can We Just Stop and Talk A While”. He again entered into another contract with Bayanihan for his
song “Afraid for Love to Fade” on a later date. Bayanihan was granted copyright over the said
compositions.

However, without the knowledge and consent of Bayanihan, Chan authorized BMG Records to
record and distribute the said musical compositions in a recently released album of Lea Salonga.
Bayanihan sued Chan and BMG for violation of Republic Act No. 8293.

Issue:

Is Chan and BMG liable for violation of Bayanihan's copyright?

Held:

No. Chan is not liable. As the composer and author of the lyrics of the two (2) songs, he is
protected by the mere fact alone that he is the creator thereof, under Republic Act No. 8293, otherwise
known as theIntellectual Property Code, particularly Section 172.2 of which reads: 172.2 Works are
protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as
of their content, quality and purpose.

Filipino Society of Composers , Authors and Publishers, INC. vs. Benjamin Tan
G.R. No. L-36402 March 16, 1987

Facts:
The Filipino Society of Composers, Authors and Publishers, INC. is the owner of certain
musical compositions entitled: “Dahil Sa'yo”, “Sapagkat IkawAy Akin”, “Sapagkat kami ay tao
lamanag”, and “The Nearness of You”. Benjamin Tan is the owner of a restaurant known as “Alex Soda
Foundation and Restaurant” where the said songs were played by a combo without the permission or
license from the Petitioner. The defendant alleged that the mere playing of songs and popular tunes
even if they are copyrighted do not consitute an infringement.

Issue:
Whether or not Tan is liable for Copyright Infringement

Held:
No. While, the performance is considered as a public performance for profit, the composers of
the musical compositions are deemed to have waived their right in favor of the general public when
they allowed the musical compositions to become property of the public domain before applying for
the corresponding copyrights. The musical compositions have become public property and therefore
beyond the protection of the copyright law.
 United Feature Syndicate, inc. vs. Munsingwear Creation manufacturing Company
G.R. No. 76193 , November 9, 1989

Facts:
Petitioner filed for the cancellation of the registration of trademark Charlie Brown in the name
of the respondent Munsingwear. The petitioner alleges that the Charlie Brown is a character creation or
a pictorial illustration, the copyright of which is owned worldwide by the petitioner.

Issue:
Whether or Not the name CHARLIE BROWN and its pictorial representation is protected by
copyright.

Held:
Yes. The Decree on Intellectual property dictates that from the moment of creation, rights shall
be granted on Prints, pictorial illustrations, advertising copies, labels, tags, and box wraps. Since the
name Charlie Brown and its pictorial representations were covered by a copyright registration way
back in 1950, then they are covered under PD. 49 or the Decree on Intellectual Property.