IPOPHL: Uploading entire concerts could violate performers' rights

The Intellectual Property Office of the Philippines (IPOPHL) has issued a formal advisory warning that recording or distributing whole concerts—or substantial segments—without authorization may breach performers' rights. The reminder arrives days after Filipino singer Ice Seguerra publicly objected to fans uploading almost complete shows online.

Seguerra acknowledged on Facebook that highlight clips are welcome, but drew a firm line about full uploads. The performer argued that buying a ticket purchases the live experience, not the right to copy and redistribute the performance. "Hindi po dahil nakabili tayo ng ticket, atin na rin ang concert," Seguerra wrote, underlining that the show itself isn't owned by the audience member.

IPOPHL's Aug. 31 advisory aligns with that viewpoint. The agency noted that while sharing short snippets has become a routine part of attending concerts, uploading a full performance—or a sizable portion—could trigger intellectual property issues. Under Republic Act No. 8293, the Intellectual Property Code of the Philippines, performers hold exclusive rights over the fixation, reproduction, distribution, and public availability of their performances. The law defines performers broadly, covering singers, musicians, actors, dancers, and other individuals who interpret literary or artistic works.

The agency further cautioned that a recording isn't automatically considered fair use merely because it's posted for personal or promotional reasons. Fair use determinations hinge on factors like the purpose and character of the use, the nature of the copyright-protected work, the extent of the material used, and its potential effect on the market. So even a non-commercial upload of a substantial portion of a concert can be problematic.

The Philippines is also a party to the Beijing Treaty on Audiovisual Performances, an international instrument that safeguards performers' rights over the recording, reproduction, distribution, and online availability of their audiovisual performances. Seguerra reinforced this by pointing out that concerts are collective efforts, involving composers, producers, musicians, technical crews, and others. Those contributions are protected too, and reposting entire songs or long segments is more than just sharing—it's unauthorized distribution.

Seguerra asked fans to continue sharing photos, short clips, and favorite moments, but also requested that those who posted complete performances from the singer's shows take them down. IPOPHL's director general, Teodoro C. Pascua, encouraged the public to enjoy and share responsibly, respecting the intellectual property rights of all creators who bring concerts to life. The advisory also reminded attendees to follow recording policies set by performers, organizers, and venues.

For technology platforms and social media users across the Philippines and Southeast Asia, the warning serves as a practical reminder: digital convenience doesn't override copyright. While live-streaming and clip-sharing are common, posting an entire concert can carry legal consequences. The IPOPHL advisory is not just about one singer's complaint—it clarifies how existing law applies to a widespread online behavior.