Copyright; Commissioned Artist (2008)
In 1999, Mocha Warn, an American musician, had a bit rap single called Warm Warm Honey which he himself
composed and performed. The single was produced by a California record company, Galactic Records. Many
notice that some passages from Warm Warm Honey sounded eerily similar to parts of Under Hassle, a 1978 hit
song by the British rock and Majesty. A copyright infringement suit was filed in the United States against
Mocha Warm by Majesty. It was later settled out of court, with Majesty receiving attribution as co- author
of Warm Warm Honey as well as a share in the royalties. By 2002, Moeha Warm was nearing bankruptcy and
he sold his economic rights over Warm Warm Honey to Galactic Records for $10,000.In 2008, Planet
Films, a Filipino movie producing company, commissioned DJ Chef Jean, a Filipino musician, to produce an
original re-mix of Warm Warm Honey for use in one of its latest films, Astig!. DJ
Chef Jean remixed Warm Warm Honey with a salsa beat, and interspersed as well a recital of poetic
stanza by John Blake, 17th century Scottish poet. DJ Chef Jean died shortly after submitting the remixed
Warm Warm Honey to Planet Films. Prior to the release of Astig!. Mocha Warm learns of the remixed
Warm Warm Honey and demands that he be publicly identified as the author of the remixed song is all
the CD covers and publicity releases of Planet Films.
(A) Who are the parties or entities entitled to be credited as author of the remixed Warm Warm
Honey? Reason out your answers. (3%)
SUGGESTED ANSWER:
The parties entitled to be credited as authors of the remixed Warm Warm Honey are Mocha Warm,
Majesty, DJ Chef Jean and John Blake, for the segments that were the product of their respective
intellectual efforts.
In the case of Mocha Warm and Majesty, who are the attributed co-authors, and in spite of the sale of
the economic right to Galactic Records, they retain their moral rights to the copyrighted rap, which
include the right to demand attribution to them of the authorship (Sec. 193, IPC).
With respect to DJ Chef Jean, in spite of his death, and although he was commissioned by Planet Films
for the remix, the rule is that the person who so commissioned work shall have ownership of the work,
but copyright thereto shall remain with creator, unless there is a written stipulation to the contrary.
Even if no copyright exist in favor of poet John Blake, intellectual integrity requires that the authors of
creative work should properly be credited.
Mocha Warm, because as author, he has the moral right of attribution, which exists independently of
any grant of an assignment or license with respect to his economic rights.
Majesty, because as co-author, it is one of the original owners of the copyright and as such has the
right to be credited as author.
DJ Chef Jean, because as an author commissioned to produce a derivative work, he enjoys all the
rights of a copyright holder as though it were a new work, without prejudice to any subsisting
copyright over the original works.
(B) Who are the particular parties or entities who exercise copyright over the remixed Warm Warm
Honey? Explain. (3%)
SUGGESTED ANSWER:
The parties who exercise copyright or economic rights over the remixed Warm Warm Honey would be
Galactic Records and Planet Films. In the case of Galactic Records, it bought the economic rights of
Mocha Warm. In the case of Planet Films, it commissioned the remixed work.
DJ Chef Jean, as producer, for purposes of exhibition, and also as author commissioned to produce a
derivative work, he also exercises copyright over the work for all other purposes.
Galactic Records, as owner of a subsisting copyright over the original work.
Majesty, as author of the original work.
