GR 166337; March 7, 2005 Bayanihan Music v BMG Records and Jose Mari Chan Facts: Chan Chan ente enterred into into a cont contra ract ct with with Baya Bayani niha han, n, assi assign gnin ing g all all his his righ rights ts,, interests and participation to Bayanihan for his song “Can We Just Stop and Talk a While” and after that, for the song “fraid for !o"e to Fade#” $n the %asis of such assign assign&en &ent, t, Bayani Bayanihan han applie applied d for and was grant granted ed %y the 'ation 'ational al !i%rar !i%rary y a Certi(cate of Copyright )egistration for each of the * &usical co&positions# Chan author authori+e i+ed d B- )ecord ecords s to recor record d and dis distri tri%u %ute te %oth %oth co&po co&posi sitio tions ns in a then then recen recently tly relea released sed al%u& al%u& of !ea Salon Salonga ga witho without ut the knowl knowledg edge e of Bayan Bayaniha ihan# n# Bayanihan infor&ed Chan and B- of its e.isting copyrights o"er the songs and the alleged "iolation of such rights %y the respondents, de&anding to settle the &atter %ut no settle&ent was &ade# Bayanihan (led %efore the /ue+on City )TC a co&plaint against Chan and B- for "iolation of Sec# *01, ) 2*34parying for the issuance of a T)$ and5or writ of preli&inary in6unction en6oining B- fro& further recording an distri%uting the su%6ect &usical co&positions in whate"er for& or &usical products, and Chan fro& furt furthe herr gran granti ting ng any any auth author orit ity y to recor ecord d and and dist distri ri%u %ute te the the sa&e sa&e &usi &usica call co&positions# B- countered that the acts of recording and pu%lication has %een done and a T)$ T)$ or in6u in6unc ncti tion on woul would d %e &oot &oot and and that that ther there e is no clea clearr show showin ing g that that Bayanihan will %e greatly da&aged %y the refusal of the prayer for T)$5in6unction# B- also pleaded a cross7clai& against Chan for "iolation of his warranty that his co&positions are free fro& clai&s of third persons and counterclai& for da&ages against Bayanihan# Chan alleged that he ne"er intended to di"est hi&self of all his rights and interest o"er the &usical co&position8 that the contracts entered into with Bayanihan were &ere &usic pu%lications pu%lications gi"ing Bayanihan Bayanihan as ssignees, ssignees, the power to to ad&inister his copyright o"er his * songs and act as the e.clusi"e pu%lisher8 that he was not cogni+ant of application and grant of copyright certi(cation o"er his * songs to Bayanihan8 and that Bayanihan was re&iss of its o%ligations under the contract %ecause it failed to e9ecti"ely ad"ertise the songs for al&ost * years# ;ence, the rescission of the contracts in 033<# Chan also (led a counterclai& for da&ages against Bayanihan# )TC denied the T)$ as well as the in6unction# C a=r&ed )TC ruling# >ssue: When is the creator entitled to copyright protection? )uling: @nAuestiona%ly, Chan %eing the co&poser and author of the lyrics of the * song songs s is prot protec ecte ted d %y the the &er &ere fact fact alon alone e that that he is the the crea creato torr ther thereo eof, f, confor&a%ly confor&a%ly with ) 2*34, Sec# 0<*#*: Works are protected %y the sole fact of their creation, creation, irrespecti"e of their &ode or for& of e.pression, e.pression, as well as of their content and Auality and purpose# lso, as pro"ided in the contracts Chan entered into with Bayanihan was the agree&ent that in the e"ent the pu%lisher fails to use in any &anner within * years any of the co&positions co"ered %y the contract, the co&position &ay %e released in fa"or of the writer and e.cluded fro& the contract# The pu%lisher shall e.ecute the necessary release in writing in fa"or of the writer upon the reAuest of the writer#
>t appears that the * contracts already e.pired, there %eing no allegation or proof that Bayanihan e"er &ade use of the co&positions within the *year period agreed upon# nent the copyrights o%tained on the %asis of the contracts, su=ce it to say that such purported copyrights are not presu&ed to su%sist in accordance with Sec# *02, ) 2*34 %ecause Chan had put in issue the e.istence thereof#
