Practice question
Composers grant conversion of songs to ringtone format and authority to offer and sell the resulting ringtones, while expressly reserving other rights. A seller claims a separate pre-listening communication right is necessarily included merely because it helps marketing. Under Wolfpac MAIN, which interpretation is correct?
- The general offer-and-sell grant did not by itself imply that separate pre-listening right; fair use was a distinct inquiry
- Every useful marketing act is automatically assigned
- Express reservations never affect scope
- The court must treat marketing convenience as a complete written waiver
- Lack of an implied grant necessarily ends every fair-use defense
Legal references
- FILSCAP v. Wolfpac Communications, GR184661, February25 2025, M.Lopez ENBANC MAIN: https://lawphil.net/judjuris/juri2025/feb2025/gr_184661_2025.html MAIN grant-scope analysis and subsequent fair-use discussion.
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