Who owns the Eat Bulaga theme song?

After a lot of talk about will they or will they not and all those reasons and conjectures that littered the media, sound or otherwise, Tito Sotto, Vic Sotto and Joey de Leon are now officially out of Eat Bulaga.

The popular trio, collectively known as TVJ, has parted ways with the noontime TV show, produced by the Romy Jalosjos owned Television and Production Exponents (TAPE), after being its prime moving force for 44 years.

Eat Bulaga was a huge gamble that paid off handsomely. TVJ were at the time among the co-hosts of the popular noontime show Student Canteen when Jalosjos thought of coming up with a competing show. It felt then like the businessman was planning to butt heads with a large bull.

Jalosjos offered TVJ, who was were fast becoming hot comedians and hosts, the chance to topbill their own show in another channel. The trio accepted the offer and Eat Bulaga was born. As everybody knows, it would later ride Student Canteen to the ground.

It must have been a good talent and producer relationship among TVJ and TAPE over the years because it was only recently when talks surfaced that all was not well in the Eat Bulaga camp. As the bitter feud escalated, many hoped that the rift would still be mended. After all, you don’t let go of 44 years just like that! But the rift just got worse and worse as time went on. It was never mended and TVJ have since left the show.

As with most cases of divorce, separation or any acrimonious partings of ways, ownership of assets acquired and shared over the years comes into question.

One of these is the title, which was coined by TVJ.  It looks like TAPE has won this round as Eat Bulaga remains the name of the show with a new cast that is now airing in the same timeslot over GMA 7.

Then, there is the Eat Bulaga theme song. You know the one that goes “Mula Aparri hanggang Jolo/ Saan ka man ay halina kayo/ Isang libo’t isang tuwa…Eat Bulaga.” Who owns it?

Easy you think, TAPE because it is the producer of the show. But then, the song was composed by Vic Sotto with lyricists Vincent Dy Buncio and Pancho Oppus and composers definitely own their works. Or do they?

Now, although Vic and company are the composers, they do not necessarily have the rights to the song because of the tricky rules that govern music uses and its ownership.

First off is the theme song. Is it a commissioned work? Like were the services of Vic and Co., contracted by TAPE to come up with the theme song? Did they sign a contract with TAPE for the song? Was the song sold to TAPE? Did money change hands? Was it part of Vic’s contract when he was hired to be one of the hosts of the show?

Also did Vic and his lyricists assign the song to a music publisher to manage its use? Vic at that time usually assigned his songs like Ipagpatawad Mo and Awitin Mo (at Isasayaw Ko) to the Bayanihan Music, Inc. (BAMI).

Was the song assigned to a performance society like the Filipino Society of Composers, Authors and Publishers (Filscap)? In this case, did Vic and company retain the performance rights or was this also given to the show’s producer?

Navigating the hows and whys of intellectual property in the music business is a complicated matter. Also given the always advancing technology, it requires constant study. That is why I am glad that this problem turned up because it gives IP lawyers and other interested parties something substantial to sink their teeth into.