Recording your favorite song at a concert is fine. Uploading the whole show is not. That is the line the Intellectual Property Office of the Philippines (IPOPHL) drew in an advisory issued August 31, warning that recording and distributing entire live performances — or substantial portions of them — without authorization may infringe performers' rights under Philippine law.
The advisory follows a complaint that went viral in late August, when singer Ice Seguerra called out fans who uploaded complete performances from "Sessionistas: The Playlist," the August 22 concert he headlined at The Theater at Solaire alongside Nyoy Volante, Juris, Sitti, Kean Cipriano, Duncan Ramos, and Princess Velasco.
What the law actually says
IPOPHL grounded its warning in Republic Act No. 8293, the Intellectual Property Code of the Philippines. Under the law, performers have the right to control whether their performances are recorded, and how authorized recordings are reproduced, distributed, or made available to the public. The code defines performers broadly: actors, singers, musicians, dancers, and other people who perform literary and artistic works, Newsbytes.PH reported.
The Philippines is also a contracting party to the Beijing Treaty on Audiovisual Performances, an international agreement that protects performers' rights over the recording, reproduction, distribution, and online availability of their audiovisual performances.
One point in the advisory deserves special attention: a recording does not automatically count as fair use just because it was made for personal or non-commercial purposes. Fair use depends on the circumstances — the purpose and character of the use, the nature of the protected work, the amount used, and the potential effect on the market for that work. In plain terms: "I didn't monetize it" is not a defense.
Allowed vs. not allowed
Based on the advisory and the performers' own statements, the line falls roughly here:
- Generally fine: taking photos, recording short video highlights, and sharing favorite moments or clips — subject to any recording policies set by performers, organizers, and venues.
- A problem: recording and posting an entire performance, or substantial portions of a show, without authorization.
IPOPHL director general Teodoro C. Pascua put it this way: "Making memories should go hand in hand with respecting the rights of the people who make these moments possible." He encouraged concertgoers to "enjoy and share responsibly, respecting the IP rights of performers, songwriters and other creators whose work brings concerts to life."
The complaint that started it
Seguerra was careful to say he enjoys fan clips. "I appreciate that people take video highlights of our performances during shows," he wrote, before drawing the line: "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."
His wife, Liza Diño-Seguerra, called the practice "increasingly disturbing" and said full-concert uploads reproduce material that belongs to artists, composers, publishers, and other rights holders. She said the couple will take the necessary steps against unauthorized uploads when needed, Inquirer Entertainment reported. The group's follow-up show, "Love, Sessionistas: The Repeat," is set for October 18.
For Filipino concert audiences — where posting show clips to TikTok, Facebook, and YouTube is second nature — the advisory does not ban phones at concerts. It gives performers a clearly cited legal basis to demand takedowns of full uploads, and it puts uploaders on notice that the law is not on their side.
FAQ
Can I still post concert clips on social media?
Yes. IPOPHL's advisory treats photos and short highlight clips as a normal part of concert-going. The warning is aimed at full performances and substantial portions of a show, and venues or organizers may still set their own recording policies.
Does it matter that I'm not earning from the upload?
Not by itself. IPOPHL cautioned that a personal or non-commercial recording does not automatically qualify as fair use — the amount used and the effect on the market for the work count against a full-show upload.
What can performers actually do about full uploads?
The IP Code gives performers the right to control recording and distribution of their performances, which supports takedown demands on platforms like YouTube, Facebook, and TikTok. The Seguerras have said they will pursue the necessary steps against unauthorized uploads when needed.
