The Intellectual Property Office of the Philippines (IPOPHL) has warned that recording and distributing entire live concert performances or substantial portions of them without authorization may infringe performers’ rights, echoing concerns recently raised by singer Ice Seguerra over fans uploading shows online.
In a Facebook post, Seguerra drew a distinction between fans posting highlights from concerts and uploading full performances or nearly an entire show.
“I appreciate that people take video highlights of our performances during shows. I love seeing your reactions, your favorite moments, and the songs that meant something to you,” Seguerra said.
“But uploading full performances — or almost the entire concert — is different.”
Seguerra said purchasing a concert ticket does not give an audience member the right to reproduce and distribute the performance online.
“When you buy a concert ticket, you’re buying the experience of watching the show. You are not buying the right to record the whole thing and upload it to your own YouTube page or social media pages,” Seguerra said.
“Hindi po dahil nakabili tayo ng ticket, atin na rin ang concert.”
In an advisory issued Aug. 31, IPOPHL similarly said that while taking photos and short clips has become a common part of attending concerts, recording or sharing an entire performance — or substantial portions of it — could raise intellectual property concerns.
Under Republic Act No. 8293, or the Intellectual Property Code of the Philippines, performers have the right to control whether their performances are recorded and how authorized recordings are subsequently reproduced, distributed or made available to the public, subject to limitations under the law.
The law defines performers to include “actors, singers, musicians, dancers and other persons who act, sing, declaim, play in, interpret or otherwise perform literary and artistic work.”
IPOPHL said concertgoers should observe recording policies imposed by performers, organizers and venues.
The agency also cautioned that a recording does not automatically qualify as fair use simply because it was made for personal or non-commercial purposes.
Whether a particular use constitutes fair use depends on the circumstances, including the purpose and character of the use, the nature of the protected work, the amount used, and its potential effect on the market for the work.
Recording or sharing substantial portions of a concert could therefore raise IP concerns even when the person posting the material does not make money from it, according to IPOPHL.
The Philippines is also a contracting party to the Beijing Treaty on Audiovisual Performances, which protects performers’ rights over the recording, reproduction, distribution and online availability of their audiovisual performances.
Seguerra made a similar argument, pointing out that concerts involve not only the performers onstage but other people whose work goes into the production.
“There are artists, musicians, composers, producers, publishers, crew, and so many people behind every performance. That work is protected, and reposting full songs or entire portions of a concert without permission is not simply ‘sharing.’ It is unauthorized distribution of someone else’s work,” Seguerra said.
He encouraged fans to continue posting photos, short clips and their favorite moments but asked those who had uploaded complete performances from his shows to remove them.
“Please share your favorite moments. Post your photos. Post short clips. Tell people what you loved about the show. We appreciate all of that,” Seguerra said.
“But please don’t upload the concert itself.”
IPOPHL director general Teodoro C. Pascua said audiences should balance their desire to document concerts with the rights of performers and other creators.
“Concerts are experiences worth remembering, and capturing moments from them has become a natural part of how audiences celebrate and share their appreciation for artists. However, making memories should go hand in hand with respecting the rights of the people who make these moments possible,” Pascua said.
“Concertgoers are encouraged to enjoy and share responsibly, respecting the IP rights of performers, songwriters and other creators whose work brings concerts to life,” he added.
