G.R. No. 188933 . February 21, 2023.
PHILIPPINE HOME CABLE HOLDINGS, INC., PETITIONER, VS. FILIPINO SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERS, INC., RESPONDENT.

FACTS

The case involves a petition filed by Philippine Home Cable Holdings, Inc. (Home Cable) against Filipino Society of Composers, Authors and Publishers, Inc. (Filscap) concerning allegations of copyright infringement. Home Cable was accused of cablecasting copyrighted musical compositions owned by Filscap’s members through its two karaoke channels without authorization. The central factual determination revolves around characterizing Home Cable’s act of transmitting these musical works via cable channels to its subscribers.

ISSUE

The primary issue addressed in the concurring opinion is the identification of the specific economic right under the Intellectual Property Code ( Republic Act No. 8293 ) that was transgressed by Home Cable’s act of cablecasting the copyrighted musical compositions—specifically, whether the act constitutes a “public performance” or a “communication to the public.”

RULING

The concurring opinion agrees with the ponencia‘s finding that Home Cable is guilty of copyright infringement. It concurs that the act of cablecasting the karaoke channels falls under “communication to the public” as defined in Section 171.3 of the IP Code, and not under “public performance” as defined in Section 171.6. The opinion emphasizes the statutory distinction: “public performance” of a sound recording requires that the performance can be perceived without the need for communication via wire or wireless means, whereas “communication to the public” involves making a work available to the public by such means, allowing access at a place and time individually chosen by them. Since Home Cable broadcasted the works through cable channels (wire or wireless means), its method squarely fits the definition of “communication to the public.” The opinion also notes alignment with the Berne Convention. Consequently, the concurring vote is to DENY the petition.