“This is a recording of Gary Granada, a Filipino singer-songwriter, airing his complaint about how he was abused by some of the powers-that-be from GMA-7 Network. If you don’t know who Gary Granada is, google him. His songs are both humorous and poignant. And though his songs cater to the common folk, they are accessible, easy to listen to and do not belittle his audience’s intelligence nor taste. He is a BIG DEAL. So, for GMA execs to do this to him is an even BIGGER DEAL.”
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QUEZON CITY, Philippines — Filipino songwriter Gary Granada talks to INQUIRER.net on plans of the Filipino Society of Composers, Authors and Publishers (FILSCAP) to file a copyright infringement case against the GMA Network for alleged unauthorized use of his study in an aired ad jingle. Video interview by INQUIRER.net editor Gerry Plaza. Video taken by INQUIRER.net production specialist Janie Octia.
GMA’s side on Granada issue
Here’s GMA Network’s official statement on the complaint of Gary Granada, from the network’s Vice President for Legal Affairs Dick B. Perez:
GMA Kapuso Foundation had nothing at all to do with the composition of the music or the writing of the lyrics.
Mr. Granada claims that the lyrics used for the plug is his version. We dispute that. GMA Marketing provided Mr. Granada the complete lyrics for the music he was supposed to compose. He changed a word in these lyrics. With due respect to Mr. Granada, that does not make the lyrics, under copyright law, his version or his work.
Certainly, Mr. Granada cannot claim sole authorship of the lyrics because he himself admits that GMA provided the lyrics and that he “rewrote” portions of it , which means that he admits as well the authorship of the lyrics by GMA Marketing.
Neither can he claim joint authorship of the lyrics. There is joint authorship when two requisites concur: (1) there must be an intention between the parties to be joint authors at the time the work was created, and (2) the contributions to the work of the party claiming to be a joint author must be independently copyrightable (see Erickson v. Trinity Theatre Inc, 13 F. 3d 1106[1994]).
It is clear that the first requisite is lacking. For a work to be considered a “joint work”, two or more persons must collaborate with the intent to create a unitary work. In this case, Mr. Granada was engaged by GMA Marketing to write the music to the lyrics that had already been completed by GMA. Neither GMA Marketing nor Mr. Granada intended to be joint authors of the lyrics.
The second requisite is also clearly absent. The changes to the GMA lyrics, whether all or some of them originated from Mr. Granada, are mere ideas, or refinements to it. In the case cited, it was held that ideas, refinements, and suggestions, standing alone, are not independently copyrightable.
As for the music which he now also claims was based on the musical structure he composed for the lyrics, we have called the attention of the composer to address Mr. Granada’s concern. It should be noted that GMA or its employees did not compose the music but engaged a professional composer to do so. “