It refers to the playing, singing or performance of a copyrighted work either directly or through any device or process. In the case of audiovisual works, it is the showing of the images in sequence and the making of the accompanying sound audible to the public. In the case of a sound recording, it is making the recorded sound audible to the public.
What is considered as “private performance”?
A performance is considered private if the audience is limited only to family members and the close social acquaintances of that family. Prior authorization will however be required if the performance is not free of charge.
Can copyright be assigned or transferred?
Yes. The copy or economic rights may be assigned or transferred collectively or separately either perpetually or for only a limited period of time. Accordingly, there may be several copyright owners over a particular work. The law requires the assignment to be in writing if it is made or done during the lifetime of the copyright owner.
Is the prior authorization of the copyright owner necessary for all public performances of his copyrighted work?
No. The Intellectual Property Code provides exceptions to the rule that prior authorization of the copyright owner is necessary to public perform a copyrighted work. They are as follows:
1. If made strictly for a charitable institution; 2. If made strictly for a religious institution; 3. If made as part of reports of current events; 4. If made by mass media for information purposes; 5. If made by way of illustration for information purposes provided it is compatible with fair use; 6. If made by, or under the control or direction of the Government, National Library, or by educational, scientific or professional institutions if such use is in the public interest and is compatible with fair use; 7. If done by a club or institution for charitable or educational purpose only whose aim is not profit-making in a place where no admission fee is charged for the public performance; or 8. If made for the purpose of any judicial proceeding or for the purpose of giving professional advice by a legal practitioner.
Can I register my works with FILSCAP even before they are published?
Yes, in fact we encourage it. All present and future works, in so far as public performance rights are concerned, are held and administered by FILSCAP. Be reminded that you still need to update the Society for changes such as if you sign with a music publisher or collaborate with another artist, etc.
Can FILSCAP help me in marketing my works?
No, FILSCAP does not engage in the marketing efforts of any member. Our primary function is to issue licenses to music users and distribute to music creators.
Someone used my song without my consent, have my rights been violated??
If the song was played in its original form or recording, no violation has been committed in so far as public performance rights are concerned. Royalty payments will still be distributed to the original composer. If the song was modified or recorded in any way or was used as an accompaniment to any form of video then this is a reproduction rights concern. Such matters are usually raised with your publisher.
Do I need to renew my membership?
There is no need to renew your membership. Your status remains valid unless you opt to resign. This privilege may not be applicable to members who can no longer be contacted after a certain number of years.
Who should get a FILSCAP license?
Those who intend to use copyrighted songs in concerts or events, TV and radio stations, cable providers, new media (websites, mobile apps, etc.), public transportation, and establishments (hotels, restaurants, casinos, retail shops, shopping malls, cinemas, supermarkets, salons, spas, gyms, music lounges, KTV bars, dance clubs, clinics, office spaces, amusements, music on hold, schools/studios, etc.).
Why should I get a FILSCAP license?
By virtue of the Intellectual Property Code of the Philippines, FILSCAP serves music copyright owners, such as composers, lyricists, and music publishers and protects their right to control how their music is used.
FILSCAP enables music users to comply with Secs. 171.6 and 171.3 of the Intellectual Property Code (“IPC”) of the Philippines.
o IPC Sec. 171.6 refers to public playing through any device or process. It is considered as “Public” if the audience is not limited to the members of the normal circle of a family and that family’s closest social acquaintances.
o IPC Sec. 171.3 refers to broadcasting, rebroadcasting, retransmitting by cable, broadcasting, and retransmitting by satellite, through wired or wireless means.
We are accredited by the Intellectual Property of the Philippines (IPOPHL) to perform the roles of a collective management organization (CMO) and a member of the Paris-based International Confederation of Societies of Authors and Composers (CISAC), the umbrella organization of all composer societies worldwide.
What music can I play under my FILSCAP license?
FILSCAP holds the licenses of the majority of the world’s repertoire of music. If you have a license, you can play local and foreign copyrighted music under FILSCAP’s worldwide repertoire, which is more than 40 million songs, or 90% of the world’s popular music.
What methods of music playing can I use after securing a FILSCAP license?
Cassette tape, CD, music player, radio, TV, computer, mobile phone/device, etc.
How often do I need to get a FILSCAP license?
1. For concerts or events – per concert/event
2. For TV and radio stations, cable providers, new media, public transportation, and establishments – annually
What is the basis of FILSCAP’s assessment and how did FILSCAP come up with the rates?
FILSCAP’s assessment is patterned from our foreign affiliates’ rates and is based on factors such as net selling area, seating capacity, gross revenue, etc.
FILSCAP’s standard rates are determined by the Management and are carefully deliberated by the Board of Trustees.
Where does my money go?
Approximately 65% of your license fees are remitted to songwriters, composers, and publisher members as royalties. The remaining 35% is used to administer these royalties and socio-cultural activities.
For more information on our distribution procedure, please visit the Distribution tab of https://filscap.org/frequently-asked-questions/.
Do I need a FILSCAP license if I only play TV/radio/pre-purchased original CD/subscribed to a digital music service?
Yes, music being played through these means in your business is considered a public performance. The license secured by TV and radio stations or any digital music services cover their communication to the public, but not your public performance. Likewise, pre-purchased original CDs or tapes are meant for private use only (all rights reserved).
Do I need a FILSCAP license if my music is supplied by a music provider?
If your agreement with your music provider does not include a public performance license, then you will need to secure a license from us.
Does the law recognize FILSCAP?
Yes. Under Sec. 183 of our IPC, copyright owners are allowed to designate a society of artists, writers, or composers for the enforcement of their economic rights. For the said societies to enforce the rights of their members, however, they should first secure the necessary accreditation from the IPOPHL, and FILSCAP has been duly accredited by the IPOPHL to perform the services of collective management organization.
What happens if I don’t get a FILSCAP license?
Non-compliance may result in civil and criminal liabilities, penalties, surcharges, and imprisonment. However, FILSCAP provides a reasonable time frame for music users to secure a license before escalating the matter to our Legal Counsels.
What is FILSCAP’s difference from other collecting societies?
o FILSCAP is a collective management organization for composers, lyricists, and music creators in the Philippines.
o FILSCAP grants public performance and communication to the public licenses.
o The right being enforced by FILSCAP is copyright as it is one of the copy or economic rights enumerated under Sec. 177, Chapter V of the IPC.
How do we get started?
You may download the application form from our website or you may contact us through email at firstname.lastname@example.org.
Distribution General Info
FILSCAP allocates royalty based on usage data it receives through submissions of playlists from producers and licensees, cue sheets for TV and film, Digital Sales Reports for Digital, and self-monitored reports. While we also implement our own monitoring system, it would be impossible and cost-inefficient to monitor all musical works in various channels non-stop every day.
Performances unaccounted for are compensated by Unlogged Performance Allocations (UPA). In order to get paid, you need to join FILSCAP and make sure your works are registered with us.
Please see our distribution schedule to know when you can expect to receive payments. You may read and download the FILSCAP Distribution Rules if you feel you need more detailed information.
The allocation of royalty payments is governed by FILSCAP’s Distribution Rules which was formalized by our Board of Trusteesand is updated from time to time in accordance with the changing business requirements and laws.
The royalty allocations are processed under five different pools – TV and Cable, General, Live Concerts/Events, Foreign, and Digital. Our distribution is scheduled quarterly, specifically, on the last working days of April, July, and October, and on the first week of December.
Performance license fees collected and paid during the previous year are processed and distributed on the current year according to specific distribution pools and schedules.
The current distribution schedule is as follows:
How are royalties computed?
Royalties are computed based on the total amount collected minus deductions (administrative charges, socio-cultural allocation, applicable taxes) divided by the number of songs multiplied by the number of times it was used and how it was used.
Royalties per member = Total Amount Collected – (Admin. Charge + Socio-cultural allocation + taxes) (number of songs X frequency of use X usage)
I have signed with a publisher, will he collect for me?
No. Depending on your agreed shares on the Notification of Works, FILSCAP allocates separate royalty payments for composer and publisher members.
How are my songs monitored?
Licensees are required to submit playlists and cue sheets but not all of them are able to submit or complete the necessary data. This is why we encourage our members to self-monitor their works, fill out, and submit the relevant form back to us so it can be included in our processing.
I have a new publisher, who is supposed to report this to FILSCAP?
It is your duty as a member to inform us of such changes so we can update our records accordingly. You may download and fill out a Notification of Works form (link) or contact the Membership Department.
To all Members: In our continuing efforts to improve our monitoring and distribution system, we recently employed the services of BMAT. The software, known as Vericast, uses “fingerprinting” technology to identify songs played on the radio, internet radio, TV, and other media based on “reference database” consisting of original sound recordings (OSRs) of the musical compositions whose public performance rights are assigned to FILSCAP. BMAT will help FILSCAP ensure the accuracy in monitoring music performed on television and radio stations initially in Metro Manila.
In line with this, we are requesting your cooperation in submitting all your musical works registered with FILSCAP so we can populate the BMAT Database.
The mechanics of the submission are as follows: 1) All songs must be in MP3 format with 44,100 Hz sample rate
2) MP3 files can be sent via data CD/DVD USB flash drives or external drives 3) The CD/DVDs or USB drives should be properly labeled.
4) The MP3s must be accompanied by a duly accomplished and signed BMAT Declaration Form.
5) A softcopy of the Declaration Form should be included in one of the CD/DVD/USB.
6) Each MP3 file should correspond to one row in the Declaration Form.
7) There are four mandatory columns for each row in the Declaration Form: mp3 filename – should contain the exact filename of the corresponding mp3 file (case sensitive). track title – title of the song main artist – main artist of the song label – record label
8) The MP3s and corresponding BMAT Declaration Forms must be contained in a brown envelope duly labeled with your name, address and contact details, and submitted to the FILSCAP Office at # 140 Scout Rallos St., Diliman, Quezon City 1103 beginning on February 1, 2013.
9) If your entire catalogue consists of more than 100 titles, please submit first those works that are frequently monitored. You can use the royalty attachments given to you along with your performance royalty as a reference. The succeeding works in your catalogue can be submitted next. Failure to submit your works on time will mean not having your songs uploaded into our BMAT monitoring server. When BMAT begins monitoring, your songs will be tagged as “Unidentified” on the report generated by BMAT.
For further details and/or queries, please feel free to reach us at 3415-6277; 8927-5986; 8929-4658; 3415-6284 loc 119. You may also e-mail us at email@example.com.
Note: If you submit songs that are not in our MIS@Asia Database, we will require you to submit a duly signed declaration of works covering the new songs.