SC: Ringtone Previews Not Copyright Infringement

By Gerome Dalipe IV

The Supreme Court has ruled that allowing users to listen to a 20-second ringtone preview before purchase does not constitute copyright infringement.

In a decision written by Associate Justice Mario V. Lopez, the Court En Banc upheld the ruling of the Regional Trial Court dismissing a complaint filed by the Filipino Society of Composers, Authors and Publishers Inc. (FILSCAP) against Wolfpac Communications Inc.

FILSCAP, which collects royalties on behalf of composers and songwriters, sued Wolfpac, a mobile app developer and content distributor, for alleged copyright infringement and damages.

The case stemmed from a Smart Communications newspaper ad that allowed users to preview ringback tones online.

FILSCAP claimed the previews were public performances requiring a license and royalty payments.

The RTC ruled in favor of Wolfpac, saying the short clips did not amount to a public performance and were protected under the fair use doctrine.

It said the previews were promotional tools that helped consumers make informed decisions.

The Supreme Court affirmed this view, stating that while copyrighted material generally requires permission, the law allows exceptions such as fair use and private, non-commercial use.

“The courts must weigh the factors with great care and in consideration of the interests of both the creators and the public,” the Court said.

It added that strict application of copyright law should not hinder creativity or limit public access to information.

The Court considered the four factors of fair use: purpose of use, nature of the work, amount used, and the effect on market value.

While the 20-second clip was a substantial portion, the Court said it was reasonable and necessary for its intended purpose.

It also distinguished “public performance” from “communication to the public” under the Intellectual Property Code.

The previews, it noted, were accessed by users individually and on demand, making them a form of communication to the public.

However, the Court said this alone did not constitute infringement in this context.

Although Wolfpac’s licensing agreements did not explicitly cover ringtone previews, the Court found that fair use applied and no separate license was required.