Background: YES, Plaintiff (Filipino Society) was relying on Sec 3(c) of the

 The plaintiff, Filipino Society of Composers, Copyright Law of the PH:

Filipino Society of Authors and Publishers, Inc., is a non-profit
Composers, association of authors, composers and publishers SEC. 3. The proprietor of a copyright or his heirs or assigns shall
Authors and duly organized under the Corporation Law of the have the exclusive right:
Philippines and registered with the Securities and x xx xx x xx x
Publishers, Inc vs.
Exchange Commission. (c) To exhibit, perform, represent, produce, or reproduce the
Tan (1987)
 Defendant Tan is operator of the restaurant Alex copyrighted work in any manner or by any method whatever for
Soda Foundation and Restaurant, where it was profit or otherwise; if not reproduced in copies for sale, to sell any
claimed that the singers/entertainment were manuscripts or any record whatsoever thereof;
playing and singing the compositions of Filipino x x x x x x x x x."
Copyright of
Society without any license or permission from
intellectual the appellant to play or sing the same.  It is true that the performance of the compositions was
creations must be  Filipino Society: demanded payment of the for profit w/in the meaning of the Copyright Law. As in
made within 30 necessary license fee for the playing and this case, the music provided is for the purpose of
days if in Manila singing----- ignored, entertaining and amusing the customers in order to
(after publication),  Hence ---- make the establishment more attractive and desirable.
and within 60 days
CFI Manila NEVERTHELESS, TAN HAS NOT INFRINGED THE COPYRIGHT
if elsewhere.
 Filipino Society: filed complaint for infringement LAW.
Failure to do so will  Tan’s contention is correct in saying that the
of copyright; for allowing the playing and singing
render the of the copyrighted compositions by plaintiff. composers of the contested musical compositions
intellectual  Tan: the playing and singing, even if the songs waived their right in favor of the general public when
creation public were copyrighted, does not constitute they allowed their intellectual creations to become
property. infringement. property of the public domain before applying for the
 CFI: DISMISSED COMPLAINT. corresponding copyrights for the same.

CA: elevated the case to the SC.
ISSUE: 1) W/N the playing and signing of musical
compositions which have been copyrighted constitute a
public performance for profit within the meaning and
contemplation of the Copyright Law --- YES
2) W/N they are protected under the Copyright Law --- NO
UNDER PATEND ADMINISTRATIVE ORDER NO. 3, PROVIDES
RULES OF PRATICE RE REGISTRATION OF COPYRIGHT
CLAIMS, AMONG OTHERS
 An intellectual creation should be copyrighted 30 days
after its publication, if made in Manila, or within 60
days if made elsewhere, failure of which renders such
creation public property.
 IF the general public has made use of the object
sought to be copyrighted for 30 days prior to the
copyright application, the law deems the object to
have been donated to the public domain and the
same can no longer be copyrighted.
THE COMPOSITIONS HAD LONG BECOME PUBLIC PROPERTY
--- BEYOND PROTECTION OF THE COPYRIGHT LAW
 The songs/composition of plaintiff had long become
popular with the public before they were registered for
copyright. Most took many years before they were
registered.
 As such, it is clear that the musical compositions in
question had long become public property, and are
therefore beyond the protection of the Copyright
Law.

CFI Judgment affirmed.