INTRODUCTION

A. Prefatory Statement
- The plaintiff is the local band 'Smith,' which consists of Johnny, Mario, Mike, and Craig.
-The defendant is the singer-composer Andy Wonka

B. Background of the Case

-The band Smith filed a copyright infringement against Andy for allegedly using the melody of
their song in Andy's pop song 'Envy.'

BODY
A. Statement of the facts
-Andy Wonka, a world renowned Filipino singer-composer, allegedly recorded Smith's song
when they played it in a bar.
-The melody of the recorded song was then used as an inspiration for Andy to write lyrics for his
song 'Envy.'

B. Issues
- Whether the melody in "Envy" infringes upon the copyright of Smith's unreleased song.
- Whether Andy's use of the melody falls under the concept of fair use.

C. Arguments and Discussion

-The Purpose of Copyright and Originality of Envy

 The purpose of copyright is to protect a particular expression of an idea, not the idea
itself.
 The creation lyrics of the song 'Envy' is an entirely different expression from the creation
of the melody itself.
 Copyright protects the "original expression" of ideas, and melody is a protectable element
(Article 172 of the Intellectual Property Code).
 However, originality applies to the entire work, not just individual elements (e.g.,
melody).

- The Smith has no prima facie proof of ownership of the melody.

 Although literary works and artistic works are protected from their creation, the Smith
has no digital footprint that will assert their claim over the melody or a valid copyright of
the melody allegedly to prove that there were protected elements infringed by Wonka.
 In the case of music, musicians learn chord progressions, scales, riffs, conventional
figures, typical rhythms, etc., that many songs share in common. Those common
elements remain in the public domain.

-Transformative Use as an Element of Fair Use

  Philippine copyright law recognizes fair use for purposes such as criticism, comment,
news reporting, teaching, scholarship, or research (Article 176 of the Intellectual Property
Code).
 We argue that Andy's use of the melody falls under fair use for inspiration and creative
transformation.
 In the case of Filipino Society of Composers, Authors and Publishers, Inc. vs. Anrey,
Inc., the four factors of fair use were mentioned.
o First Factor: Purpose and character of the use.
1.1 Includes whether the use is "transformative." A transformative use
adds "new expression, meaning, or message" to the original work.
1.2 Since the song was transformed into a different genre, it can be
perceived as exploring new musical territories, reaching a different
audience or expressing a unique artistic perspective.
o Second Factor: Nature of Copyrighted Work.
2.1 There is a higher probability for the fair use defense to pass in the
case of factual works than works of fiction and fantasy
2.2 The fact that the copied work is unpublished is a significant element
of its "nature," since "the scope of fair use is narrower with respect
to unpublished works."
2.3 Although Smith's melody can be classified as fictional and
unpublished work, we will go back to the fact that the song created by
Andy is transformative in nature.
o Third Factor: Amount and Substantiality of the Portion Used
3.1 The "substantiality" factor "will generally weigh in favor of fair use
where the amount of copying was made for a valid and transformative
purpose
3.2 The essence of "Envy" lies in Andy's original lyrics and arrangement,
not the borrowed melody.
o Fourth Factor: The Effect of the Use Upon the Potential Market for or Value of
the Copyrighted Work.
4.1 This factor requires courts to consider the extent of market harm
caused by the alleged infringer's actions.
4.2 Publishing of 'Envy' would not harm Smith's market since they
admitted that they have yet to release the song.
4.3 The Smith can still release their song and earn from it.

CONCLUSION AND PRAYER

- Andy Wonka is a respected artist known for his originality. The creation of "Envy" is a
testament to his creative process. We believe the use of the melody falls under fair use and does
not infringe upon Smith's copyright. We urge the court to recognize the transformative nature of
"Envy" and dismiss the baseless accusations.