Music Licensing Agreement (Philippines)
MUSIC LICENSING AGREEMENT
Intellectual Property Code (RA 8293, 1997) — Sections 172, 173, 177-182, 209-212 | FILSCAP / MCSAP Performing Rights
This Music Licensing Agreement ("Agreement") is entered into as of [Effective Date]
BETWEEN:
[Licensor Name], with address at [Licensor Address] ("Licensor"); AND
[Licensee Name], with address at [Licensee Address] ("Licensee").
1. LICENSED MUSIC
1.1 The Licensor owns or controls the necessary rights to license the following music ("Licensed Music"): [Music Description]
1.2 Musical compositions and sound recordings are protected under Sections 172 and 173 of the Intellectual Property Code (RA 8293, 1997). Copyright in a musical composition vests automatically upon creation and fixation, without registration.
2. GRANT OF LICENSE
2.1 Subject to the terms and conditions of this Agreement and payment of the license fee, the Licensor grants the Licensee a non-exclusive, non-transferable [License Type] to use the Licensed Music solely for the following permitted purpose: [Permitted Use]
2.2 Territory: [Territory]. Term: [Term].
2.3 The Licensee shall not: (a) use the Licensed Music outside the permitted use described above; (b) sublicense, sell, or transfer the rights granted under this Agreement; (c) modify, remix, or create derivative works from the Licensed Music without the Licensor's prior written consent; or (d) use the Licensed Music in any manner that would be offensive, defamatory, or in violation of Philippine law.
3. LICENSE FEE
3.1 In consideration for the license granted, the Licensee shall pay the Licensor: [License Fee]. All payments are inclusive of applicable Philippine taxes unless otherwise agreed. Royalties to foreign licensors are subject to BIR withholding tax under the NIRC.
4. COLLECTING SOCIETIES AND PUBLIC PERFORMANCE
4.1 This Agreement covers only the rights expressly granted. If the Licensee requires public performance rights administered by the Filipino Society of Composers, Authors and Publishers (FILSCAP) or the Music Copyright Society of the Philippines (MCSAP), the Licensee shall obtain the necessary licenses from those collecting societies separately.
4.2 The Licensor warrants that the Licensed Music is registered with FILSCAP or MCSAP where applicable, and that this Agreement does not conflict with any blanket license granted to those societies.
5. CREDIT AND MORAL RIGHTS
5.1 The Licensee shall credit the Licensor as the composer/rights holder in all uses of the Licensed Music, in the form: Music by [Licensor Name], unless otherwise agreed in writing. The Licensor's moral rights under Section 193 of RA 8293 — including the right of attribution — are retained and not waived by this Agreement.
6. GOVERNING LAW
6.1 This Agreement is governed by the Intellectual Property Code of the Philippines (RA 8293, 1997) and the Civil Code of the Philippines (RA 386, 1950). Disputes shall be submitted to the IPOPHL Bureau of Legal Affairs or the appropriate Regional Trial Court in the Philippines.
Licensor (Music Rights Holder)
________________
Signature
Licensee
________________
Signature
What Is a Music Licensing Agreement (Philippines)?
A Music Licensing Agreement in the Philippines records the bargain between the parties, fixing their respective rights, duties and remedies.
Philippine copyright law recognizes two distinct layers of rights in music: the rights in the musical composition and lyrics (owned by the songwriter and lyricist), and the rights in the sound recording or master recording (owned by the performing artist or record producer). Both layers are independently protectable and licensable, and a music user in the Philippines typically needs licenses from both layers for most commercial uses.
The Filipino Society of Composers, Authors and Publishers (FILSCAP) at filscap.com.ph is the Philippine collective management organization (CMO) for musical works — it issues blanket licenses for public performance of musical compositions and collects and distributes royalties to member composers, lyricists, and publishers. FILSCAP operates under Section 186 of RA 8293, which recognizes collective management of copyright. The Music Rights Society of the Philippines (MRSP) and the Philippine Mechanical Rights Society (PMRS) handle mechanical rights for reproduction of sound recordings. Under Section 9 of RA 8293 as amended by RA 10372, performers have independent rights in their performances and may collect royalties through the Performers' Rights Society of the Philippines (PRSP).
For digital music platforms — streaming services such as Spotify, Apple Music, and YouTube Music that operate in the Philippines — music licensing involves a complex layering of streaming mechanical licenses, performance licenses, and master recording licenses, the terms of which are typically negotiated through global licensing deals between the platform and major record labels and publishers, with FILSCAP managing local collecting for in-scope works.
The legal framework governing the Music Licensing Agreement (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Music Licensing Agreement (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Revised Corporation Code (RA 11232, 2019) sets the foundational requirements.
When Do You Need a Music Licensing Agreement (Philippines)?
A Music Licensing Agreement is needed whenever music is used commercially or publicly in the Philippines beyond the private use exemption.
A business — whether a retail store, restaurant, hotel, gym, or office — that plays recorded music for customers or employees in the Philippines needs a public performance license from FILSCAP to comply with Section 177.6 of RA 8293 on public performance rights. Playing music without a FILSCAP license constitutes copyright infringement, and FILSCAP regularly conducts enforcement operations and files infringement complaints before the IPOPHL Bureau of Legal Affairs and Regional Trial Courts.
A film producer, television broadcaster, or online content creator that wishes to use a specific musical composition or sound recording in a film, TV show, advertisement, or YouTube video needs a synchronization license from the copyright owner of the composition and a master use license from the owner of the sound recording — both of which must be obtained directly from the rights holders or their authorized publishers and labels.
An advertising agency that creates a commercial using a popular song for a Philippine brand campaign needs both a synchronization license for the composition and a master use license for the recording, with specific terms for the territory (Philippines or worldwide), duration (aligned with the campaign period), and media (TV, online, radio, OOH).
A Philippine event organizer that hosts a concert, festival, wedding, or corporate event where live or recorded music will be performed publicly needs a public performance license from FILSCAP for all musical works performed at the event.
A digital music service, podcast platform, or online radio station operating in the Philippines needs thorough music licenses covering streaming mechanical rights, public performance rights, and synchronization rights for all music in its catalog — typically structured through FILSCAP blanket licenses and direct deals with major and independent record labels.
What to Include in Your Music Licensing Agreement (Philippines)
A thorough Philippine Music Licensing Agreement must include the following essential elements.
Identification of Musical Works: Precise identification of the musical composition(s) and/or sound recording(s) being licensed — including title, composer/lyricist, performer, record label, ISWC (International Standard Musical Work Code) or ISRC (International Standard Recording Code) where available.
Type of License: Specification of which rights are being granted — public performance license, synchronization license (sync license for use in audiovisual works), mechanical license (for reproduction on physical or digital copies), master use license (for use of the specific recording), streaming rights, or a combination. Under RA 8293 as amended by RA 10372, Philippine performers also have separate neighboring rights in their performances, which may require a separate performance license.
Permitted Use: Detailed description of the authorized use — for sync licenses, the title and description of the audiovisual production; for performance licenses, the venue or event; for mechanical licenses, the number of copies or plays.
Territory: Geographic scope of the license — Philippines only, ASEAN, Asia, or worldwide.
Term: Duration of the license and conditions for renewal.
Royalties and Fees: License fee or royalty rate — flat fee for sync licenses, per-use fee for mechanical licenses, or annual blanket license fee for public performance. For FILSCAP-administered works, the applicable tariff under the FILSCAP Rate Schedule.
Moral Rights: Acknowledgment of the composer/lyricist's moral right of attribution under Section 193 of RA 8293, including the obligation to credit the composer/lyricist in all uses of the work.
Restrictions: Prohibition on modifying, adapting, or synchronizing the work in a derogatory manner inconsistent with the moral rights of the composer under Section 193(c) of RA 8293.
Collective Management: Clarification of whether royalties are collected directly or through FILSCAP, MRSP, PRSP, or another CMO, to avoid double-payment or under-payment issues.
Additional compliance elements for a Music Licensing Agreement (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Music Licensing Agreement (Philippines) (Philippines) [Legal document template]. Forms Legal. https://forms-legal.com/philippines/business/intellectual-property/music-licensing-agreement-philippines
"Music Licensing Agreement (Philippines) (Philippines)." Forms Legal, 2026, https://forms-legal.com/philippines/business/intellectual-property/music-licensing-agreement-philippines.
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year = {2026},
howpublished = {\url{https://forms-legal.com/philippines/business/intellectual-property/music-licensing-agreement-philippines}},
note = {Free legal document template. Based on Revised Corporation Code (RA 11232, 2019)}
}Frequently Asked Questions
Yes. Playing recorded music in a public place — including a store, restaurant, hotel, gym, bar, office, or any commercial establishment in the Philippines — constitutes a public performance of the musical work under Section 177.6 of the Intellectual Property Code (RA 8293, 1997) and requires a license from the copyright owner or from the collective management organization (CMO) that manages public performance rights. In the Philippines, the Filipino Society of Composers, Authors and Publishers (FILSCAP) at filscap.com.ph is the authorized CMO for musical compositions and issues blanket licenses that cover all works in its repertoire for a flat annual fee based on the type and size of establishment. Playing music without a FILSCAP license — whether through a radio, streaming service, CD, or digital playlist — is copyright infringement under RA 8293 and exposes the business to civil damages (PHP 50,000 to PHP 150,000 per infringed work for first offense), injunction, and criminal prosecution. FILSCAP regularly conducts inspections and issues demand letters to unlicensed commercial establishments across Metro Manila and major provincial cities. Subscribing to a streaming service such as Spotify or Apple Music for personal use does not grant the right to play that service in a commercial establishment — these personal subscriptions explicitly prohibit public performance. FILSCAP's annual blanket license tariffs are published on its website and vary by establishment type and capacity.
A synchronization license (sync license) in the Philippines is a license from the copyright owner of a musical composition permitting the licensee to synchronize the music with a visual work — such as a film, television program, advertisement, online video, video game, or presentation — in timed relation to the moving images. The right to synchronize a composition with moving images is derived from the reproduction right under Section 177.1 and the adaptation right under Section 177.2 of the Intellectual Property Code (RA 8293, 1997). A separate master use license from the owner of the specific sound recording is also required where the licensee wishes to use a particular recorded version of the song, rather than commissioning a new recording. In the Philippines, sync licenses for Filipino compositions are typically obtained directly from the music publisher or the composer's management, or through the FILSCAP sync licensing division for FILSCAP-member compositions. For international compositions, licenses are obtained from the relevant publisher or through their Philippine sub-publisher. Sync licenses must specify: the title of the audiovisual production; the specific use (e.g., opening credits, background music, advertising jingle); the territory (Philippines, Asia, or worldwide); the media (theatrical, broadcast TV, online, OOH advertising); the duration (campaign period for ads, or the life of the production for films); and the fee (flat fee or per-broadcast royalty).
The Filipino Society of Composers, Authors and Publishers (FILSCAP) is the Philippine collective management organization (CMO) for musical compositions and operates under Section 186 of the Intellectual Property Code (RA 8293, 1997), which authorizes the establishment of CMOs to administer copyright on behalf of multiple rights holders. FILSCAP collects public performance royalties from commercial establishments, broadcasters (TV and radio stations), digital streaming platforms, events organizers, airlines, and other music users through blanket licensing arrangements. FILSCAP's tariff schedules — published at filscap.com.ph — set annual fees based on the type of user (bars, restaurants, hotels, cinemas, gyms, radio stations, TV broadcasters, streaming services) and relevant factors such as venue capacity or broadcasting hours. Once collected, FILSCAP distributes royalties to its members — Philippine and international composers, lyricists, and publishers — based on royalty distribution rules approved by the FILSCAP board, which take into account usage surveys, broadcast logs, and playlists submitted by licensees. FILSCAP is also a member of the International Confederation of Societies of Authors and Composers (CISAC) at cisac.org, which enables reciprocal royalty collection agreements with over 120 CMOs worldwide — meaning Filipino composers earn royalties from uses of their works in other countries through reciprocal agreements, and foreign composers receive Philippine royalties through FILSCAP when their works are performed in the Philippines.
A Music Licensing Agreement (Philippines) does not legally require a lawyer in Philippines, and individuals and businesses may draft and execute the document independently. The Revised Corporation Code (RA 11232, 2019) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Philippines lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of the Philippines has jurisdiction over disputes arising from this type of document, and Securities and Exchange Commission (SEC Philippines) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Music Licensing Agreement (Philippines) does not legally require a lawyer in the Philippines, though legal advice is recommended. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contracts. The Securities and Exchange Commission (SEC) regulates corporate documents. The Department of Labor and Employment (DOLE) oversees employment agreements. The Data Privacy Act of 2012 (Republic Act No. 10173) and National Privacy Commission (NPC) impose data protection obligations. The Bureau of Internal Revenue (BIR) requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Philippine attorney for significant transactions. Under Philippines law, Revised Corporation Code (RA 11232, 2019), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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