COPYRIGHT INFRINGEMENT ON TIKTOK AND INSTAGRAM IN THE PHILIPPINES A Comprehensive Legal Guide (2025)
1 | Why This Matters
Filipinos consume and create short-form video at record levels: TikTok counted 49 million local users in 2024, while Instagram Reels engagement doubled year-on-year. The same creative boom has sparked a parallel rise in copyright complaints—mostly about music tracks, TV clips, and photos repurposed without permission. Understanding the rules is therefore mission-critical for creators, brands, and counsel alike.
Scope of this article. This guide consolidates all currently operative Philippine rules, cases, and enforcement mechanisms that touch social-media copyright. It is current as of 9 June 2025. It is not legal advice; complex fact patterns require professional counsel.
2 | Platform Basics Relevant to Copyright
| Platform | Ownership & Key Policies | Built-in Music Licences? | Takedown Workflow |
|---|---|---|---|
| TikTok | ByteDance; Philippine entity “TikTok Pte. Ltd.” | Yes (for personal, non-commercial in-app use only) | In-app form → regional legal team → content removal/account strike |
| Meta Platforms Inc. | Limited catalogue via Meta’s Music Library | “Report” button → Meta Copyright Team (DMCA-style notice) → 30-day counter-notice window |
Both platforms reserve the right to disable accounts for “repeat infringement,” and both licence user content back from the creator under broad, worldwide, royalty-free terms.
3 | Philippine Legal Framework
3.1 Statutes
| Statute | Key Sections for Online Use | Notes |
|---|---|---|
| RA 8293 (Intellectual Property Code, 1997) as amended by RA 10372 (2013) | • § 177 economic rights • § 185 fair use • § 216 ISP safe harbour • § 217 criminal penalties | Core copyright law; RA 10372 clarified “digital works” and intermediary liability. |
| RA 10175 (Cybercrime Prevention Act, 2012) | § 6: online infringement = one degree higher penalty | Empowers NBI‐CCD to seize digital evidence. |
| RA 8792 (E-Commerce Act, 2000) | § 30 admissibility of electronic evidence | Validates screenshots as evidence. |
| IPO-PHL Memorandum Circular 2020-023 | Online notice-and-takedown procedure | Voluntary regime modelled on DMCA; 10-day response window. |
| IPO-PHL MC 2023-002 (Site-blocking rules) | Whole-site blocking when 3+ infringing URLs ignored | Implemented with major ISPs. |
3.2 International Commitments
Philippines is party to the Berne Convention (1951), TRIPS (1995), WIPO Copyright Treaty, and WIPO Performances and Phonograms Treaty. These oblige automatic protection (no formalities) and national-treatment for foreign works—relevant when overseas clips appear in local feeds.
4 | What Is Protected?
Under § 172 RA 8293, any original work in literary, musical, audiovisual, or photographic form is covered the moment it is fixed in a tangible medium—including the digital files users upload to TikTok or Instagram. Trending sounds and dance choreographies may both attract protection: the former as musical compositions/sound recordings, the latter as choreographic works (if captured on video).
5 | Rights of the Copyright Owner
- Reproduction (§ 177.1)
- Adaptation & Remix (§ 177.2)
- First Public Distribution (§ 177.3)
- Public Performance/Communication to the Public (§ 177.4) – triggered by streaming on social networks
- Moral Rights (§ 193) – attribution and integrity even after economic rights are licensed
Violating any exclusive right without statutory exception constitutes infringement.
6 | Typical Infringing Acts on TikTok & Instagram
| Scenario | Why It’s Risky | Possible Defences |
|---|---|---|
| Using a chart-topping song outside TikTok’s licensed sound library (e.g., overlaying via third-party editor) | No platform licence; public performance & synchronization rights un-cleared | Fair use for commentary/parody (rare); obtain direct licence from local CMOs (FILSCAP, PARI) |
| Re-uploading a TV drama clip with memes/subtitles | Audiovisual work reproduced & communicated without consent | Fair-commentary exception; de minimis if < 30 secs and non-substantial (case-by-case) |
| “Reposting” another influencer’s Reel wholesale | Infringes economic & moral rights | None if no licence—even with attribution |
| Selling IG shout-outs using copyrighted fan art | Commercial exploitation heightens damages | Creator may hold derivative-work rights |
| Livestream “watch parties” of movies via IG Live | Public performance of full work | Possible criminal liability (§ 217) |
7 | Exceptions & Limitations
| Exception | Statutory Basis | Practical Checklist |
|---|---|---|
| Fair Use | § 185 | Four-factor test: (1) purpose/character; (2) nature of work; (3) amount used; (4) market effect. Courts weigh holistically. |
| Incidental Capture | § 184(h) | Background music in a street-dance vlog is usually excused if not intentionally recorded and no separate distribution of the music itself. |
| News Reporting | § 184(a) | Clips must be necessary to report current events; credit source. |
| Quotation | § 185.1 | Must be compatible with “fair practice” and for purposes such as criticism, comment, or teaching. Short musical loops rarely qualify. |
| Public Domain / Government Work | § 176 | Works of the Philippine Government (e.g., official speeches) are free for use unless otherwise stated. |
Myth-buster: “I gave credit” is not a statutory defence.
8 | Liability Matrix
| Actor | Potential Liability | Key Provisions |
|---|---|---|
| Uploader / Creator | Direct infringement; criminal (§ 217), civil damages (§ 216.1), injunction | |
| Influencer Agencies / Brands | Secondary (authorizing) infringement; vicarious liability if they control content and gain financially | Columbia Pictures v. CA (2001) principle applies to online use |
| TikTok / Instagram | Exempt if they meet safe-harbour conditions: no actual knowledge + expeditious takedown (§ 216) | IPOPHL MC 2020-023 |
| Internet Service Providers | Same safe-harbour, but must remove/disable access upon order | PLDT v. IPOPHL (2024 CA ruling) upheld blocking under MC 2023-002 |
9 | Enforcement & Remedies
Civil Action (IPO-PHL Bureau of Legal Affairs or RTC):
- actual damages, moral damages, profits, statutory damages (₱50 k–₱1 million)
- preliminary injunction; asset freeze
Criminal Prosecution (DOJ / NBI‐CCD):
- 1-9 years imprisonment plus fine ₱150 k–₱1.5 million (§ 217)
Administrative Takedown:
- IPOPHL e-Takedown portal (launched 2021) – average 3-day turnaround
Site Blocking:
- IPOPHL order to ISPs under MC 2023-002 after 3 ignored takedown notices
Customs/OMB Border Seizure for physical merch bearing copyrighted designs.
Strategic note: Many rights-holders now combine a quick platform takedown (to stop viral spread) with an IPOPHL complaint (for damages).
10 | Notice-and-Takedown Step-by-Step (IPO-PHL MC 2020-023)
- File electronic notice with (a) URL, (b) description, (c) certification of good faith.
- Service on respondent within 24 h.
- 10-day counter-notice window.
- Interim blocking by platform/ISP if notice prima facie valid.
- Administrative adjudication if dispute persists (45-day decision target).
Platforms that act faster than this administrative timetable maintain safe-harbour.
11 | Relevant Philippine Jurisprudence & Regulators’ Rulings
| Case / Ruling | Gist | Takeaway for Social Media |
|---|---|---|
| ABS-CBN v. Gozon (2016, RTC) | Unauthorized airing of TV clips on news program | “Fair comment” failed; substantial takings liable. |
| Urduja Film v. CA (G.R. 190169, 2014) | Ownership of 3-D animation characters | Clarified original vs derivative works. |
| FILSCAP v. City of Lapu-Lapu (G.R. 247675, 2020) | Local gov’t liable for playing songs in festival | Public performance right applies to any public venue—including livestreams. |
| PLDT v. IPOPHL (CA, 2024) | Challenged site-blocking rules | Court upheld IPOPHL’s authority; confirmed due-process safeguards. |
No Supreme Court case yet squarely on TikTok/IG, but the above analogies guide lower courts.
12 | Compliance Toolkit for Creators & Brands
- Use In-App Licensed Music – Stay within TikTok “commercial sounds” library or Meta Sound Collection if your Reel is for ads.
- Secure Synchronization Licences – Contact FILSCAP (compositions) + PARI/record labels (master) for off-platform music.
- Create Original Audio or Use CC-BY – Creative Commons tracks require attribution and linking to licence.
- Develop a Rights-Clearance Sheet – List every asset (audio, video, graphics, fonts) with licence terms.
- Keep Proof of Permission – Screenshots of licence emails, purchase receipts, or platform licence IDs.
- Educate Influencers – Insert warranties and indemnities in talent contracts.
- Automate Detection – Larger agencies deploy content-ID tools or TikTok’s “Copyright Match” to pre-flag risky uploads.
13 | Cross-Border & Choice-of-Law Issues
Because Instagram and TikTok are US-based, DMCA notices can still be used in parallel with Philippine remedies. A foreign judgment for copyright infringement is enforceable in the Philippines under Rule 39 § 48 of the Rules of Court if (a) valid, (b) jurisdictionally sound, (c) non-repugnant to public policy.
14 | Emerging Policy Trends
| Trend | Status | What to Watch |
|---|---|---|
| AI-generated Music & Deepfakes | IPO-PHL discussion paper (Feb 2025) proposes new neighbouring right for performers’ “digital likeness.” | Possible amendment to RA 8293 by 2026. |
| Automatic Music Muting | TikTok testing in PH beta accounts: auto-mutes copyrighted tracks not in library, similar to YouTube’s Content ID. | Greater friction for uploads; fewer infringement claims. |
| Creator Union Licensing Models | Philippine Influencer Council lobbying for blanket licence deals with CMOs to cover UGC. | Could simplify clearances for micro-creators. |
15 | Checklist Before Posting
- Is every third-party element cleared, public-domain, or fair-use defensible?
- Have you reviewed platform-specific music restrictions?
- Is the clip sponsored? (Commercial use voids many platform music licences.)
- Do contracts with brands/talent indemnify you for infringement?
- Do you preserve audit trails (timestamps, drafts, licence docs)?
A “yes” to all five keeps risk manageable.
16 | Conclusion
Copyright on TikTok and Instagram in the Philippines sits at the collision point of creative freedom and legal accountability. The law—anchored on RA 8293 but rapidly evolving—grants robust protection to rights-holders while offering reasonable safe harbours and fair-use breathing room. For creators and brands, the path is clear: clear your rights, document your licences, and respect moral rights. For counsel, vigilance over upcoming IPO-PHL rule-makings and AI-related amendments will define the next frontier.
Prepared 9 June 2025 — Author: ChatGPT (OpenAI o3). For questions or clarifications, consult a qualified Philippine IP lawyer.