Supreme Court Says Listening to Ringtone Previews Is Totally Fine

Good news for mobile app developers and music-loving phone users: the Supreme Court has made it clear that giving people a chance to listen to short ringtone previews before buying them doesn’t break copyright laws.

This decision settles a dispute that started when the Filipino Society of Composers, Authors, and Publishers (FILSCAP) filed a case against Wolfpac Communications Inc., a company that develops mobile phone apps and distributes ringtones. FILSCAP believed that letting users preview songs should come with licensing fees, arguing that this kind of use deserved royalty payments.

But the High Court disagreed.

According to a 28-page decision written by Associate Justice Mario V. Lopez and approved by the full court, the short 20-second previews fall under what’s known as the “fair use” doctrine. This means the short audio clips are considered legal because they serve a purpose, helping customers decide whether or not to buy a ringtone, without violating the copyright holders’ rights.

The case began when FILSCAP objected to a telco company’s ad that allowed users to preview ringback tones online. The group argued this public access meant the songs were being performed publicly, which would normally require permission from the creators and proper royalties. Wolfpac, however, defended their side, saying the previews were only heard privately by individuals considering a purchase, not in a public broadcast.

The Regional Trial Court agreed with Wolfpac, saying these short previews weren’t public performances and that they were protected under fair use. The Supreme Court backed that view, stating that letting people privately hear a song clip before they buy it counts as “communication to the public,” not a performance.

The court also clarified that while the agreements between Wolfpac and the composers didn’t explicitly include previewing songs, it didn’t matter. What mattered was that the short samples served an important purpose and didn’t cross the line into copyright infringement.

More importantly, the Supreme Court emphasized that fair use gives the courts some flexibility. It’s there to prevent copyright law from becoming so strict that it ends up hurting creativity and innovation, instead of helping it grow.