Local, Int'l Songwriters To See '96 Filscap Fees

The broadcasters and FILSCAP reached a landmark agreement over performance royalties in 1995, with the deal to take effect the following year. This month's distribution is of 1996 fees. According to FILSCAP GM Dorothy Tadeo, the society is still in the process of identifying songs for the royalty payments. More than 4,000 copyrights have now been identified, but Tadeo acknowledges that this figure should be still higher.
'Compared to some other countries, this is a very low number of songs,' she says. 'Some countries have 100,000 or more songs identified. But no one ever sends us a list of songs played in their establishments, even though it's required in the (1995) agreement. They feel their obligation is over when the money is paid.
'This means we must go out ourselves and randomly sample what songs are being played in metro Manila areas close to us. We have two full-time people doing this, but others in the office also check. Also, none of the concert producers ever tell us about their upcoming concerts. We have to find out ourselves and then contact the producers.'
FILSCAP has been collecting fees for concert performances only since 1996, when approximately $9,000 was tallied from producers. The following April, $6,500 was distributed after the society's administrative costs were deducted, with around 70% of the total going to international composers. Foreign authors received more, says Tadeo, because Filipino artists often sing foreign copyrights in concert.
Until recently, many concert producers and radio stations in the Philippines acted as if music was free for the taking, according to the FILSCAP official. The organization, largely inactive before 1992, was rehabilitated that year after concern was shown by local composers and foreign composer societies. Tadeo says that both BMI and ASCAP, the major American performing right groups, were interested because much American music is played in the Philippines. Says Willie Yeung, Asia-Pacific regional director for ASCAP, 'For a developing small society like FILSCAP, operating in a hostile environment like the Phillippines is a notable achievement, especially taking into consideration that its operating expenditure to total revenue ratio is a respectible 15%.'
One of the first steps taken was to convince member firms of the Hotel and Restaurant Assn. of the Philippines (HRAP) of their obligations.
After initial resistance, some modest fees were collected and distributed evenly among domestic and foreign composers. Last year, authors began receiving fees based on a song's estimated frequency of play. 'The Filipino composers are happy because everything is now systemized,' says Tadeo. This year, $107,000 has been collected from HRAP members, and some $83,000 has been earmarked for distribution.
Nevertheless, Tadeo contends that much resistance remains in the Philippines to the concept of performance royalties, noting that almost half the member stations of the broadcasters' organization have yet to pay. FILSCAP is considering legal action against the erring stations, she says.
Meanwhile, legal complaints have been filed against several other commercial users of music. Last November, FILSCAP took action against Philippine Airlines Inc., the nation's largest airline, for nonpayment of license/royalty fees stemming from the unauthorized use of musical works/compositions of authors represented by the society (both local and international) 'through (the) defendant's in-flight audio and video entertainment services, as well as in its ground facilities,' since the 1980s. FILSCAP is seeking more than $100,000 in royalties and damages.
The society has also taken action against the Balladeer Inc. over alleged unpaid fees from a 1995 Janet Jackson concert and against Team Image Entertainment over 1995 concerts by Paul Anka and 1996 dates by Patti Austin. A representative of Team Image says the dispute is currently the subject of negotiation, while a representative for the Balladeer declines comment. A representative of Philippines Airlines could not be reached.
Another indication of the rising importance now given to copyrights in general in the Philippines, according to Tadeo, is a revised copyright law, Republic Act 8293, which goes into effect Jan. 1, 1998. She says the new statute defines 'public performance' for the first time but adds that its most significant feature, as far as FILSCAP's interests are concerned, is that definitions of copyright are clearer and easier to interpret.
Still, the FILSCAP GM recognizes that attitudes in the Philippines remain largely indifferent to the concepts of copyright and performance royalties. 'None of the television stations pay composer royalties, for example,' she notes. 'We have a lot of work ahead of us.'
(c) BPI Communications, 1997 ALL RIGHTS RESERVED