Who Owns the Song? An Introduction to Music Copyright in the Philippines
Songwriting has always been a mystery; it could have started with one person, a simple hum and fifteen minutes of writing or a whole two-month ordeal with multiple hours of takes and five people working on it. But when it becomes a hit, who owns it and who takes what from it? Is it the person who wrote the lyrics, the one who played the instruments or is it the label or producer?
For burgeoning musicians or hobbyists, it doesn’t seem like a concern but you can never be too careful. This article explains the basics of song copyright under Philippine law and the practical steps every band should take early.
Misconception on Copyright Registration
It has been a recurring misconception that registration confers copyright ownership and protection. This couldn’t have been farther than the truth.
Under the Intellectual Property Code of the Philippines, musical compositions, with or without words, are protected as original works. Copyright protection arises from the creation of the work; registration, publication, and a copyright notice are not conditions for the existence of copyright.
An important caveat to consider is that while registration is not essential to owning the existence of copyright in a song, registration or deposit with the National Library of the Philippines may still be useful. It is not a condition of protection, but dated drafts, lyric sheets, demos, correspondence, and deposited copies may help establish the chronology of creation, authorship, or ownership if a dispute arises. They are evidentiary aids, not conclusive proof of authorship or ownership.
The same principle applies to assignments and licenses. An assignment or exclusive license may be filed with the National Library, but filing is not generally a condition to the validity or enforceability of the agreement.
Multiple Rights in a Song
Bands should note that one song involves separate and distinct rights, which may be owned by different people.
First, there is the musical composition—the melody, lyrics, and other protectable musical expression. This is the right over the song itself, ordinarily associated with the composer, lyricist, arranger, publisher, or other copyright owner.
Second, there is the sound recording—the particular fixation of a performance or of other sounds. A sound recording captures what is audible in a particular recording: for example, a specific singer’s vocals, a band’s performance, and the arrangement and production embodied in that recording.
Third, performers may have separate related rights in their performances, while producers of sound recordings may have separate rights in the sound recording. These rights should not automatically be assumed to belong to the same person.
Ownership of a sound recording depends on the Intellectual Property Code, the parties’ contracts, and the circumstances under which the recording was created. A producer, label, band, performer, or another person or entity may hold rights, depending on the applicable arrangement. Financing or producing a recording does not by itself resolve every ownership question.
When a commercially published sound recording is used for broadcasting, communication to the public, or public performance for profit, the law may require payment of a single equitable remuneration to both the performers and the producer, absent a contrary agreement.
Authorship in a band
Authors are the artists who create copyrightable work be it songs, literature or film, and are entitled to the protection of their art and economic rights such as remuneration and attribution derived from such work.
Authorship generally depends on an original creative contribution to the protected expression, not merely on membership in a band. A member who plays an instrument but did not contribute original musical expression is not automatically a co-author of the composition. Conversely, a non-member who wrote the lyrics or melody, or a producer, arranger, session player, or guest writer who contributed original musical material, may have a legitimate claim to the song or to a protectable part of it.
Where multiple people create a song together, the work is generally treated as one of joint authorship, and the rules on how each author may exploit it become important. Where music and lyrics are written separately by different people, each may have rights over their own part.
What Copyright Lets You Control
The owner of a song has exclusive economic rights, including the right to reproduce the work, make arrangements or adaptations, distribute copies, and perform or communicate it to the public, including online streaming. Practically speaking, these covers your rights on who can cover and arrange your song, its usage for sampling purposes and public performance. Authors also hold moral rights, including the right to be credited and to object to distortions of the work that would harm their honor or reputation.
How Long Does Protection Last?
As a general rule under the IP Code, economic rights over a musical work last for the life of the author plus 50 years after death. For works of joint authorship, the period runs from the death of the last surviving author. Sound recordings have their own, separate term. Exact periods can vary by type of work, so check before relying on a particular date.
Have it written (like the song)
Most band copyright disputes are really contract disputes that were never contracted. We recommend that every band:
Agree on songwriting credits and splits in writing, ideally song by song, as soon as a track is finished.
Sign a band agreement covering ownership of songs and recordings, decision-making, revenue sharing, and what happens when a member leaves or the band breaks up.
Document contributions from outside collaborators, including producers, session musicians and guest writers, with clear written terms on ownership or licensing.
Scrutinize record, publishing and distribution deals before signing, especially clauses on assignment, exclusivity, duration and territory.
Keep dated records of drafts, demos, lyric sheets and recordings, and consider registering key works.
Register the band's name as a trademark where appropriate. Band names are valuable assets that copyright does not protect.
Consider joining a collective management organization like FILSCAP to collect royalties from public performance.
Copycats
If someone copies your song and declares it as their own, that person may be liable for copyright infringement may be liable if the conduct involves protected musical expression and an unauthorized exercise of one or more exclusive rights. Civil remedies may include injunctions and damages, and the Intellectual Property Code also provides criminal and administrative remedies in appropriate cases.
Before taking action, gather evidence of your authorship and of the copying, and avoid public accusations that could expose you to liability. A lawyer can help you assess whether the similarity amounts to infringement and which courses of action you can take such as a demand letter or a platform takedown or court action.
Protect your song!
Your songs are the core asset of your band. A little legal housekeeping early on can prevent the kind of conflict that ends bands and buries good music.
If you'd like help with a band agreement, a record or publishing deal, or a copyright concern, The Law Firm of Martin-Rojo is happy to assist. Contact us at info@martinrojolaw.com
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, this article may not reflect the most current legal developments or interpretations. Readers are encouraged to consult with a legal counsel for advice regarding their specific legal issues or concerns. The authors and publishers of this article disclaim any liability for actions taken or not taken based on the content of this article.
