What’s the buzz?
Gary Granada, a composer was commissioned by GMA to work on a jingle for Procter and Gamble’s promotional campaign. After Gary made his edits and revisions, he submitted them to GMA for approval. His revisions were rejected by GMA. Later, GMA would release the jingle. Gary would find out the striking similarities between the jingle released by GMA to that of his work which was rejected by GMA.
Now, here’s the interesting part. Remember Bambee of that infamous Golf Brawl? Bambee used her blog to narrate the incident. Forget if it was true or not. Here, Gary is using an audio tool. Listen.
What Gary is saying
Essentially, eto ang sinabi ni Gary:
- He was commissioned by GMA-Kapuso Foundation to work on a jingle by Procter and Gamble campaign on Handog Edukasyon.
- He was given lyrics na ang haba ay 60 seconds to work on. He worked on it and made several edits and revisions.
- He submitted his edits and revisions but would only be rejected. Apparently, his work did not meet GMA’s standards or requirements and was given to another composer.
- The part that was sung, it has around 28 bars. The probability that there will be similarities from beginning to end is this: In every bar, you have theoretically dozens of possible combinations. Let’s just say there are only two possibilities per bar, that will be two times two times 27 times that you multiply. The chances of that coincidence will be one in 134,217,728.
GMA’s Denial
“We have called the attention of the composer about Mr. Granada’s complaint. It should be noted that GMA or its employees did not compose the music but engaged a professional composer to do so. The composer denies Mr. Granada’s claim,” GMA Kapuso Foundation executive vice president Mel Tiangco said in the statement.
References:
UPDATE:
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If you want to listen how the two songs when superimposed with each other sound, using the flash audio player below, then follow this link from Manuel Viloria Gary Granada entry and be amazed how Gary did it. At least for a non-music person like, other than being an eternal Idol aspirant.
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And for the transcript, please follow this link: Gary Granada (with podcast transcript) vs GMA Kapuso
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{ 22 comments… read them below or add one }
kawawa naman yun gary yun nalang nga ata ang kaisa isa niyang break e nalosyang pa
maccallister´s last blog post..Bumming
[Reply]
reynz Reply:
February 4th, 2009 at 12:28 am
that’s right. pag maliit ka sa pinas, yu-yurak yurakan ka pa.
reynz´s last blog post..Understanding the economic stimulus plan
[Reply]
lee Reply:
February 4th, 2009 at 11:22 am
nalosyang hahahahahaha
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wawa naman siya…
Ely´s last blog post..I am Rin on the Rox-ing!
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reynz Reply:
February 4th, 2009 at 12:30 am
para din yang nangopya nang blog entry hahaha
reynz´s last blog post..Understanding the economic stimulus plan
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what a sad turn of event. sana magkaron ng pagkaklaro ito.
kengkay´s last blog post..asia grocery shopping
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reynz Reply:
February 4th, 2009 at 12:29 am
yeah, sana magkaron nang fair decision to in courts
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hmm…
may nag-e-expect ba na aamin na nangopya ang GMA?
ang tagal na nga nilang nagko-kopyahan ng ch 2, walang umaamin sa kanila e.
Roy´s last blog post..Tulang walang pamagat
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reynz Reply:
February 4th, 2009 at 12:28 am
that’s could be very true. malaki na kasi sila. alam mo naman saten, palakasan you know
reynz´s last blog post..Understanding the economic stimulus plan
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teka ano na pala latest kay Bambee nabanggit mo rin lang busy ako di na nakakapagbasa ng inquirer alang time tapos ang walang kamatayang superbowl pa!
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reynz Reply:
February 4th, 2009 at 12:27 am
well,
a.) the investigation revealed na ang nag-simula pala nang gulo eh ang walanhiyang tatay nang bambina. alam mo na ang mga mayayaman ano? me mga tupak din ang mga yan. kala mo porque mayaman sila pag-aari na nila ang mundo. ayun, nakakuha nang katapat.
b.) inakusa ni Pangandaman si Bambee nang echebureche leche leche sa Masiu City. Ewan ko kung ano na ang nangyari nang kaso.
c.) nag-settle sila out of court. siguro bumalik sa golf course at dinaan sa scrabble.
reynz´s last blog post..Understanding the economic stimulus plan
[Reply]
Silver Reply:
February 4th, 2009 at 2:05 am
Muntik nga din akong mapaso sa golf issue na yan…
mabuti na lang I did not blog in defense of Bambee kasi napansin ko during my research na may missing details…mga manyaman nga…ngar…
Yung sa Kisay, doon ako natuluyan…hahahha..
pero totoo naman ang sinabi ko…there is a responsibility in every freedom, lalo na ang blogging…hehehhe…
btw,
ililipat daw ng school si Dr. Sadsad…pero dapat ang kastiguhan yung scientia virtus na yun (yung blog na pinagmulan ng issue)..pasaway pa rin ang blog na yun…hhehehe
[Reply]
reynz Reply:
February 4th, 2009 at 2:19 am
ow? anong school isa-sadsad si sadsad? hahahaha! i don’t think alam nila kung sino ang scientia na yun, napangalanan na ba?
reynz´s last blog post..Understanding the economic stimulus plan
Silver Reply:
February 4th, 2009 at 3:00 am
Mother highness,
Sa E.Rodriguez highschool daw po ililipat si madam sadsad,,
yung pasaway na scientia virtus blog e di pa napapangalan…at ang chika e nagpalit ng taong nagmamanage behind the account…
reynz Reply:
February 4th, 2009 at 3:30 am
so meaning, the school decided against her kung ganun?
reynz´s last blog post..Understanding the economic stimulus plan
Silver Reply:
February 4th, 2009 at 3:43 am
Pinawalang bisa daw po ng DEPED NCR ang suspension ng 4 students at nagfile ng complaint ang mga parents nila sa Commission on Human Rights…
I dunno the whole score ng kanilang drama…pero malamang, yung nga ang result…
Ililipat daw si madam sadsad..
reynz Reply:
February 4th, 2009 at 3:47 am
i bet you, dahil sa negative publicity, mag-a-alma ang mga tiga E Rodriguez hahaha ano sila? tapunan nang baliw na kabayo? hahaha
reynz´s last blog post..Understanding the economic stimulus plan
Silver Reply:
February 4th, 2009 at 4:10 am
LOL…
May mga nagrereklamo na nga eh…ngar ngar…hahahha…
This is really a sad turn of event for Gary. Sad din ako kasi alam ko Gary always makes sense at least to me having followed him in a more personal way, often humorously and modestly, as an artist of “height” ikanga nya. Regardless, Gary is used to dealing with “powers that be” as an activist-artist. Thanks for posting this Reynz. Go Gary!
DFish´s last blog post..A Janitor as Phlebotomist?
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reynz Reply:
February 4th, 2009 at 1:53 am
do you know gary personally ba? i posted this in support of him. i wish for a justified resolution, however, i expect legislation and clarification on this issue for future composers who rans into problems like this. i’m sure masakit ki gary what happened.
reynz´s last blog post..Understanding the economic stimulus plan
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deny naman ng deny ang GMA wala naman silang explanation kagaya ng explanation ni ka gary… kayang kaya yan ka bayani! hehe
iRonnie´s last blog post..The Sufficiency of God’s Grace
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reynz Reply:
February 4th, 2009 at 2:20 am
hahaha matindi ang explanation ni Ka Gary, mahihirapan ang GMA sa rebuttal, papalusot pa sila eh mukhang huling huli naman sa ginawa nila haha
reynz´s last blog post..Understanding the economic stimulus plan
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Wow…grabe na itech…
pero infairness, meron na rin palang audio blog?? Ayus ah…
Well, welcome to the god-forsaken philippines,…dog eats dog ang style dito…tsk tsk tsk..
[Reply]
reynz Reply:
February 4th, 2009 at 2:21 am
di ba podcasting? pero mukhang ngaun lang ako nakarinig nang ganito sa podcast haha
reynz´s last blog post..Understanding the economic stimulus plan
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Silver Reply:
February 4th, 2009 at 4:15 am
Relate ko lang ang blog ko…chorva!
http://daretospeakout.wordpress.com/2009/02/04/gary-granada-vs-gma-kapuso-foundation/
hehehhehe….di ko maembed ang chorvang audio blog! Har!…hehehhe…
Papasocial climb ever na ako…hehehhehe….
[Reply]
reynz Reply:
February 4th, 2009 at 4:46 am
click mo yong +share tapos, copy and paste the code sa blog mo.
reynz´s last blog post..Understanding the economic stimulus plan
Matagal na, hindi pa uso ang blogging. He used to drop by our seminary and played pool with us before taking off for his concert at STC, Cebu and anywhere else. All of us are hooked to his music and his political leaning hanggang nag-mellow sya, pati na rin ako kaalinsabay ng fall of the Berlin Wall. But Gary remains an icon, very talented, humble, witty and yes, he does proclaim the Gospel now and then. Taga-Dabaw parang si Joey A. and caliber kahit na UP dropout.
DFish´s last blog post..A Janitor as Phlebotomist?
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reynz Reply:
February 4th, 2009 at 2:26 am
that’s sweet
brod utoydfish pala hahaha! well best regards kamo ang hope he wins this fight!reynz´s last blog post..Understanding the economic stimulus plan
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This is DFish! To be brutally honest, Gary is far more prolific a composer and lyricist than Joey A. Personally, not even Ogie A is within his range. If i may say it beyond authority – only George Canseco could be his rival in the area of composition.
DFish´s last blog post..A Janitor as Phlebotomist?
[Reply]
reynz Reply:
February 4th, 2009 at 3:32 am
i don’t know him that much Dfish, although, i’ve ran across his name as a composer
reynz´s last blog post..Understanding the economic stimulus plan
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roni Reply:
February 4th, 2009 at 3:24 pm
HOY, si dedpis yan, hindi yan si bro. utoy.
Oy, punta ka sa kubo ko, spot the difference.
roni´s last blog post..A Good Read: New Age
[Reply]
reynz Reply:
February 4th, 2009 at 6:39 pm
hehehe NOTED at corrected na po hahah, medyo nalito ako dun for a minute hehehe
reynz´s last blog post..Rin on the Rox are going to the Grammys!
This is true, very very true. As an amateur composer myself (modesty aside I have composed 18 songs when I was in the seminary) I agree with Gary Granada’s claims its because it was taught to us by our music teacher and the fact that most of the friars in the order which I formerly belong who also happened to be my previous mentors are also composers thus I fully understand the technicalities of what Mr. Granada was saying
The tone, musical value (notes per se), the rests, tempo and the harmonic logic is exactly true.
Let’s put it in a blogger’s jargon and parlance so that others will understand. Ganito yun.
Sa Themes ng ating blog meron tayong tinatawag na license. These license enable us to use freely the themes we download provided na may link doon sa original maker or creator. Now the logic is you cannot delete the link of the creator in your use kasi gawa nya yun.
ngayon, pag ang theme mo ay Premium which means binili mo sya for a price. YOu have the right to delete the link of the creator kasi may license ka na. We call it user license. Like in the blog of connie veneracion (as an example), she deleted the link on the footer kasi binili na nya yung revolution theme. so instead na Copyright by Bryan Gardner (which is the creator of the revolution theme), she uses copyright by connie veneracion its because she has the license. she paid for it. So she can use that same theme if she still has another blog. The same with my blog which I also bought a few years back. depende na lang kung ang license na binili mo ay single use which means you can only use it on one blog.
Now the revolution theme offers two licenses, user license and developers license. Yung developer’s license is a license na bibilhin mo which will give you the freedom to modify the theme according to your preference and the right to distribute the theme among your clients. Example of this is Kotsengkuba who ha a developer’s license for revolution theme as what Ironnie told me in the past. This license give the right for kotsengkuba to modify Bryan Gardner’;s theme. But nevertheless using Bryan Gardner’s structure of the theme itself. Meaning pareho ng layout pero iba ang graphics, iba ang color scheme at iba ang placement ng elements. So that’s why one of the services that Kotsengkuba is offering is customizing themes precisely because, with a developer’s license, he can distribute the theme with his own modification.
Now the qiuestion is, kahit ba may developer’s license si KK eh pwede na nya ietsa pwera ang name ni Bryan Gardner. pwede pero out of courtesy syempre maglalagay siya ng “based on brian Gardner’s theme” just like what we see in some plugins na binased sa plugin ni ganyan at ganito.
what I stated above is just an example and maybe not that accurate pero the guist is there.
Now in terms of music, and in the case of Gary Granada, may set na ng structure yung kanta nya (the tempo, the value of the notes, the melody etxc), that’s why kung titingnan mo, yung kanta nung isang composer ay kapareho dun sa format ng kay gary granada kasi like a wordpress theme, yung composer ay minodify lang din yung details pero same format same structure. Pero kung pakikingan mo yung kanta na siansabi ng gma na kanila eh para lang sya na second voice sa original na kanta ni gary granada.
For example, yung kanta na bakit ngayon ka lang, originaly walang second voice yun, pero sa version ni pops fernandez eh may second voice na. Does it mean that if pops fernandez will sing the second voice alone it will be considered her composition? of course not its because she patterned the second voice on the original song.
The term copyright means its your original. very simple. yung sinasabi ng GMA na original nila yun is not true. kasi kung original yun dapat yung bagsak ng nota, yung rsts, yung quarter notes (musical value) ay kakaibang kakaiba sa original. Para yang lotto. madaming combination. it will take millions of combnination kaya nga till now madami pa ring original composition na nagagawa its because the combinations (or the bars that Gary Granbada is talking about) is infinite.
sabi nung musical prof namin. dapat kung may ipapattern ka na tune it should not be more than 2% of the original structure of other songs to make it truly your own.
kaya yung pilgrims themes chorus kahawig nung chorus nung kay janno gibbs na kanta na love song (which I forgot the title) pero sa first 5 notes lang sya kasi nga alam nung composer nung kanta na yung rule of composing. In the case of GMA they just changed the tone pero yung tempo at rests pati base melody kay Gary Granada.
Madami pa technicalities behind sa sinabi ni Gary na talagang valid. Kaya Reynz, If you dont mind I’ll pick this up on my blog. This is an interesting case of outright copyright infringement. My guess is, yung people in GMA who were responsible to come up with the composition is totally clueless in musical composition.
the interesting part reynz is this, when the court will ask for a musical expert, and the expert would play both songs simultaneously, makikinig mo na they will blend together (yung kay Gary na original at sa Gma) na iisipin mo, yung isang kanta ay second voice lang nung original na kanta. which is which? of course its obvious.
Pax et Bonum
bluepanjeet´s last blog post..American Idol continues to fulfill dreams this Season 8
[Reply]
chuvaness Reply:
February 4th, 2009 at 7:11 am
ano ba naman yan ubod ng haba…haha paki buod naman
chuvaness´s last blog post..2009 Travel Goals
[Reply]
bluepanjeet Reply:
February 4th, 2009 at 7:34 am
haha sensya na, na carried away ako. haha. Kala ko tuloy blog ko to haha
bluepanjeet´s last blog post..American Idol continues to fulfill dreams this Season 8
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kengkay Reply:
February 4th, 2009 at 11:12 am
thanks bluepj, naliwanagan ako. natawa ako kay malen ;D hindi ko kasi na scroll down kaya hindi ko alam na history na pala ang ginawang sagot ni bluepj e, haha
kengkay´s last blog post..asia grocery shopping
[Reply]
bluepanjeet Reply:
February 4th, 2009 at 11:16 am
haha ako nga din Mommy Kengs nagulat nung after ko maclcik yung submit button. Di ko alam na mahaba na pala comment ko haha.
reynz Reply:
February 4th, 2009 at 2:55 pm
@blue,
naloka ako sa blog mo, este sago mo, i have no clue kung ano yong inikplain ni gary, although, nung pinagsama ang music, naintindihan ko ang pangongopya nang GMA. mahihirapan mag-explain ang GMA sa ginawa nila lalo pang deny ever ahg chorva nang GMA. malakas ang argument ni Gary.
reynz´s last blog post..Understanding the economic stimulus plan
[Reply]
littlemissadvocate Reply:
March 27th, 2009 at 2:18 am
Legal truth is different from Actual truth. sad but true. we may say GG is correct however, lets flip the another side. Let me share with you relative provisions under Intellectual Property Code of the Phil particularly in Copyright law;
sec 171.2 Collective work is a work which has been created by two or more natural persons at the initiative and under direction of another ( GMA) with the understanding that it will be disclosed by the latter under its own name and that the contributing natural person will not be identified ( GG)
Mr. GG was commissioned to work in this project. im not really sure about the stipulation on their contract. Guess such stipulation will prevail. Hence:
Sec. 178 Rules on Copyright Ownership
178.1 Subject to the provision of this section, in case of original literary and artisitc works, copyright shall belong to the author of the work;
178.2 In case of Joint authorship, the co-authors shall be the original owners of the copyright and in ABSENCE OF AGREEMENT, their rights shall be governed by co-ownership. If however, a work of joint ownership consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that the has created. –
If there is no stipulation to the contrary, since the lyrics was made originaly by GMA, and the music was made by Mr. GG, hence, he could be regarded as an author of such distinctive part. However 178.4 provides;
178.4 In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made pursuance of the commission (GMA), the person commissioned the work shall have ownership of work, but copyright thereto remains with the creator (MUSIC BY GG) UNLESS THERE IS A WRITTEN STIPULATION TO THE CONTRARY.
In the final analysis, there must be an AGREEMENT that works are to be collaborated ( collaborating agreement), otherwise, there is no collective work to speaks of. In Copyright was is protected is the expression. As to the collection of expression, if there is no change as to the expression but in the manner of collection, there is no infringement. ( Atty. Berne Guerrero’s discussion)
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Wala akong alam sa technicalities ng music. Only experts can say kung kinopya talaga. Pero kung talagang may merit ang claim nya, I support him.
Now that my husband is getting serious with photography, I am quite concern with copyright issues now. Kasi nga usong-uso ang stealing of photos from photo bloggers. I always remind him about the copyright to his photos. Na-publish kasi yong pics nya sa English boadsheet dito ni wala man lang credit sa kanya although may consent naman ng hubby ko at hindi naman nya ininsist na i-credit sa kanya dahil baguhan lang sya. Sabi ko sa susunod wag na siya papayag ng ganun even if he is just an amateur photographer. It’s not about the compensation or just wanting his name in the paper. It’s all about his RIGHT as a photographer. Kasi baka makasanayan ng ganun tapos in the end dun sya mag cry foul.
nina´s last blog post..LP – Lila, Kahel, Asul at Pula
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reynz Reply:
February 4th, 2009 at 2:57 pm
i’ve read a number of cases na dyan sa mga freelance photographs na ginamet nang media na inakusa ang media. you’re right. kasi pede ring, your husband took a pick taz me umalma na parehas. gulo nga yon. pero, why stop?
reynz´s last blog post..Understanding the economic stimulus plan
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Boycott na lang ang GMA na yan…………..wala nang, Unang Hirit……………….Sis…………..Eat Bulaga……….24 oras…….Gagambino………Lola……………………Luna Mistika……..ah ewan…………………………….kaya ba natin yan……………………………………Gary lupit mo talaga mg compose….galing mo sa gitara……….Good Luck…………………………………………..Si ba sabi nila sa mga marcos daw dapat ang pagaari ng GMA.?…………bad kayo ha…….
[Reply]
reynz Reply:
February 4th, 2009 at 2:58 pm
eh di ba sabi ni lola mo Imelda, pag-aari nila ang buong Pilipinas? hahaha so kasama dun GMA hahaha
reynz´s last blog post..Understanding the economic stimulus plan
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wala akong alam sa music plus ung bars ba yan pero just by listening at gary’s original version and that of gma’s eh talagang pareho lang. walang pinagkaiba. ganun na ganun pa rin.
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reynz Reply:
February 4th, 2009 at 2:59 pm
klick mo yong link ni manny villoria http://villoria.net and you will hear the composition na pinag-patong sa isang music. huling huli na kinopya ata talaga nang GMA
reynz´s last blog post..Understanding the economic stimulus plan
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hay buhay, madalas mangyari sa akin ang ganyan, yung kokopyahin yung gawa mo, mula sa Pinas hanggang dito, biktima pa rin ako. But on the lighter side, nakikita ko naman ang impluwensya ko, and so there goes my contribution.
roni´s last blog post..A Good Read: New Age
[Reply]
reynz Reply:
February 4th, 2009 at 6:40 pm
there’s no exclusivity sa pagnanakaw, people will always do the short route you know, eh kahit na ako, mga articles ko ninanakaw den and then aangkinin na kanila hahaha then, ako pa ang mag-eexplain sa PPP or kaya ReviewMe na AKO talaga ang nagsulat non! kairita di ba?
reynz´s last blog post..Rin on the Rox are going to the Grammys!
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mahal kong reyna, salamat sa pag link sa transcript na ginawa ko. mali ata spelling ko ng procter……. ginawa ko kasi siyang proctor ata. i’ll edit it later. ^^
foo´s last blog post..Chapter 6: Love Maze
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reynz Reply:
February 5th, 2009 at 1:19 am
that was good you did that entry, for those who arent’ able to play the audio! thank you!
reynz´s last blog post..Conversation with Billy
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Update: Who is the 2nd composer?
Lesaca said that the issue now involved the second unnamed composer who replaced Granada in the composition of an ad jingle that Granada had claimed infringed on a rejected study he made for the “3-Pid Handog sa Edukasyon” campaign of the network and client Procter & Gamble Philippines. “This other person may have been mistaken [in using Granada's original work] and only acted in good faith. They have to identify who this other composer is.”
http://showbizandstyle.inquirer.net/breakingnews/breakingnews/view/20090206-187831/Lesaca-to-GMA-7-Name-second-composer
reynz´s last blog post..Brother and sister
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Sounds like the complain is on the run with FILSCAP on Gary’s side. There’s also an air of support from this blog, not necessarily reflecting the owner’s view. FV also has a trickle of support for Gary.
Dfish´s last blog post..Neighborhood Irresponsible Borrowers Association
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reynz Reply:
February 7th, 2009 at 11:31 am
although i did not like what FILSCAP said. that they hope Gary made all the registering of the song and all that to be valid – is that how it is? it seemed like GMA will find whatever loophole it could find in an embarassing situation like this. eto ang hirap sa minamaliit eh and GMA pro’lly thinks Gary would not budge.
so, what happens kung di naparegister ni Gary ang music? antimano ginawa nung 2nd composer?
reynz´s last blog post..Royal Blog Santacruzan 02/07/2009
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Clarification lang po: hindi po filscap ang nagsabi nung pagrehistro sa national lib. Si John Lesaca po yun as IPC head at kapwa composer. Filscap issued a statement to the PDI today. It will be in the papers and on inquirer.net on Thursday. Salamat sa pagsuporta kay Gary.
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Pki TIGNAN PO SI JOEY DE LEON AT WILMA GALVANTE NG GMA 7 NGBEBENTA SILA NG MGA KAPUSO TALENTS PARA LANG MAGKAPERA SA ABROAD PATI NA RIN DITO.BAKIT HINAYAAN LANG NG GMA7??? PATI NA RIN ANG WOWOWEE SA ABS CBN PARE PAREHO NA MGA VARIETY NOON TIME SHOWS LAHAT INVOLVED SA BENTAHAN NG LAMAN.SAYANG ANG CREDIBILIDAD NG GMA7 AT ABS-CBN DAHIL LANG SA PROSTITUSYUN SILA KIKITA GAMIT ANG EXPLOITATION NG KABABAIHAN……WALANG HIYA !!!!!!!!!! PATI KESHUMAN NG MGA NASA PINAS PARA MATAKOT SILA MGA POLITIKONG MIEMBRO NG SINDIKATO TULAD NINA ERIC SINGSON,CHAVIT SINGSON MGA DRUG PUSHERS NA NAMAMAYANI SA PILIPINAS!!!!!!!!!!!
[Reply]
naniniwala ako pag may katwiran ka ipag laban mo…pero alam naman natin na kayang kaya lang ng gma na magbayad? bakit ginanon naman nila si gary, mabait na tao yan, saan ka nakakita ng isang artist na mag publish ng site ng mga kantang libre..makamasa yan e….kaya lang pag makamasa ka..yuyurakan ka ng maka masama..tsk..tsk……..bakit naman ganun?
[Reply]
Clarifying position in #12 (as I am being quoted therein):
The provisions on “collective works” are in Section 171.2 and Section 196 of Republic Act 8293, to wit:
“(Section) 171.2. A ‘collective work’ is a work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified.”
“Section 196. Contribution to Collective Work. – When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it.”
The provision on collective works exacts more than the requirement of having 2 or more persons creating the work. It would be essential IMO to see the agreement between the parties to determine whether their intent encapsulates that which would comprise a collective work.
An argument for the aggrieved would be on Derivative Works, as provided in Section 173 of the same law:
“Section 173. Derivative Works. – 173.1. The following derivative works shall also be protected by copyright:
“(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and
“(b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. ”
“173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works: Provided however, That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works.”
Considering that the original text was created by X, copyright of the original text would that of X (and hence enjoys the economic and moral rights of the original work). However, since permission was granted by X to Songwriter A to create a song out of it, and that the latter modified the original text to fit his music, it can be argued that the modified text and the incorporation of the music constitutes the resulting work as a derivative work under Section 173.1(a). Since the resulting work is considered as a new work under Section 173.2, hence, Songwriter A holds both the economic (section 177) and moral rights (sections 193 and 195) over the derivative work.
Just to recap these points, X holds the copyright of the original work (text), while Songwriter A holds the copyright of the derivative work (modified text as lyrics, with incorporated music).
If X gave permission to Songwriter B to create a derivative work from the original work (text), then there would not be an issue. However, it is argued that Songwriter A’s derivative work was the one transmitted to Songwriter B for alteration, which X has no right to provide. Songwriter A’s copyright on the derivative work would have been violated, as per Section 177.2 (“Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts: xxx Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work.”), if it is his work which was the basis for Songwriter B’s derivative work.
This is my appreciation of the available, albeit scant, facts on the issue, as part of the discussions in my class. Absent all necessary facts available, opinions made here could turn out to be inaccurate, if additional facts would be made available in the future. I am not providing any legal advice nor pretend to be the authority in resolving this issue.
This comment is separately copyrighted, as per section 172.2 of RA 8293. Moral rights, especially the one under Section 193.3, are not waived herein.
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