20-05-2025
20-second ringtone samples don't violate copyright laws — SC
Letting customers listen to a 20-second sample of a ringtone before purchasing a product does not violate copyright laws, according to the Supreme Court (SC).
In a 28-page decision, the SC upheld the ruling of a regional trial court that dismissed the complaint of the Filipino Society of Composers and Publishers (FILSCAP), which collects royalties for songwriters and composers, against a company for copyright infringement and damages.
'The Court cannot uphold the composers' reservation of rights since the use of the copyrighted works fall under fair use,' it said.
'In this case, the Court stresses that this is only limited to the [company's] act of making the song samples available to the public for purposes of allowing the potential consumers to make an informed decision before downloading the songs,' it added.
FILSCAP objected to an advertisement that allowed customers to preview ringback tones online before purchasing. It said that this required a license and a payment of royalties.
However, the RTC said that a 20-second preview does not count as a performance. It also ruled that the preview was allowed under the fair use doctrine.
This was affirmed by the High Court.
'A final note. The doctrine of fair use allows the courts to deviate from strictly applying the copyright laws when their right applications would stifle the creativity that they are designed to foster and when it would frustrate the State's function to promote the diffusion of knowledge and information,' it said.
The SC said that to determine whether an act falls under fair use, it said that factors laid down under the Intellectual Property Code and other factors must be considered.
The decision, penned by Associate Justice Mario Lopez, was promulgated in February 2025 and published in April 2025. — RF, GMA Integrated News
