Practice question
In Wolfpac, why could the consumer-choice function of short ringback-tone previews matter to the first factor despite a marketing objective?
- Any marketing use automatically eliminates copyright.
- Every free file is necessarily noncommercial.
- The composers had lost all rights in their songs.
- A preview can never discourage a purchase.
- It gave potential buyers information to identify and evaluate the offered tone, a purpose distinct from listening for entertainment.
Legal references
- RA 8293, Intellectual Property Code, Sections 171-179, 184-185 and 193-197: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
- RA 10372, Sections 4, 8-12, 16-17, copyright amendments: https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html
- FILSCAP v. Wolfpac Communications, G.R. No. 184661, February 25, 2025, en banc main decision: https://lawphil.net/judjuris/juri2025/feb2025/gr_184661_2025.html
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