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Philippine Home Cable Holdings vs. Filipino Society of Composers

PHILIPPINE HOME CABLE HOLDINGS, INC., PETITIONER, VS. FILIPINO SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERS, INC., RESPONDENT.

G.R. No. 188933 | 2023-02-21

 
D E C I S I O N
 
LEONEN, SAJ.:
 
When a cable television system operator transmits a musical composition fixed in an audiovisual derivative work over a channel they control and operate, the operator is making that work accessible to members of the public from a place or time individually chosen by them. This is the essence of the "communication to the public" right in the Intellectual Property Code.

This resolves a Petition for Review[1] under Rule 45 of the Rules of Court, assailing the February 27, 2009 Decision[2] and July 21, 2009 Resolution[3] of the Court of Appeals, Manila, in CA-G.R. CV No....