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Atty. John Paul P. Nabua

Is Your TikTok Copyrightable?


Ah, TikTok. The land where 15 seconds of fame can turn into 53 million views overnight. Just ask Jools LeBron. On August 6, 2024, she posted a video talking about showing up to work in a “very demure, very mindful” manner. And bam—viral! It racked up 4.9 million likes faster than you can say “influencer.” But what’s fame without a little drama right? A few weeks later, LeBron discovered that some guy named Jefferson Bates swooped in and filed a trademark for her catchphrase—“very demure, very mindful”—with the U.S. Patent and Trademark Office before she could.

These days, it only takes a single viral video, photo, or story to launch anyone into internet stardom. And sure, going viral can be a great way to book brand deals and secure your spot in the barkada group chat, but it also opens the door to something much less fun: copycats. Think of it like being the first to bring a new dish to the potluck, and then suddenly everyone’s stealing your recipe without even asking if they can add extra soy sauce.

Jools LeBron’s "very demure, very mindful" catchphrase became so popular that people everywhere—including major brands—started using it in their ads. No surprise there; anything catchy that can apply to both work meetings and walking into a family reunion is sure to stick. Of course, everyone wanted a piece of that viral pie.

Over here in Pilipinas nating mahal, we’ve got our own viral royalty—Filipino content creator NEYOW. One of his TikToks, titled "Ang Sapatos," went viral, showing him dressed in an amusing mash-up of clothes (like FKA Twigs’ hoodie with a PinkPantheress-style dress) while hilariously chanting “Ang Sapatos” as the camera zoomed in on his shoes. As the video continued, he humorously compared other items of his outfit to pop culture references until finally reaching his face. It was witty, original, and of course, patok—the perfect mix of style and humor to catch fire on local TikTok.

Things were all good—NEYOW loved the remakes and spoofs of his video—until a skincare brand decided to use his exact script for a lotion ad. Yup, no shout-out, no "thanks for the inspo," nada! NEYOW wasn't happy, and understandably so. Sure, getting imitated is flattering, but when your work gets used for a business promotion without credit—and without the possibility of earning a single peso from it—it’s hard not to feel a little sama ng loob.

As fun and thrilling as content creation is, there’s big money on the line when your ideas catch fire. That’s where the headache of intellectual property comes in. In the Philippines, our Intellectual Property Code (Republic Act No. 8293) offers protection for inventions, trademarks, and yes, artistic works like TikToks. Think of it as the legal version of putting a big “MINE” sticker on your ideas to keep people from just grabbing them like they're free samples at the grocery store.

To be officially protected, though, most things need to be registered. For content like art, videos, or literature, you’re already protected from the moment you create it, but registering your work under the Intellectual Property Code is still a good idea. It’s like getting an official receipt for your brilliant brainchild. Plus, it helps in case some kamote tries to claim they thought of it first.

Now, here’s a fun fact: while ideas and concepts can’t be copyrighted (sorry, your million-dollar idea to combine lechon with sushi is up for grabs), the way you express those ideas—like in a TikTok video—can be. NEYOW’s “Ang Sapatos” video, for example, is considered an audiovisual work under Philippine copyright law, which means reposting it without permission could lead to copyright infringement. So if someone steals your viral dance moves or that perfectly timed joke in your script—naku, sabit sila!

Jools LeBron, on the other hand, was aiming to trademark her "very demure, very mindful" catchphrase. But here’s the catch (pun intended): trademarks in the Philippines are mostly for identifying goods or services. Unless your phrase, logo, or symbol is being used to rep your brand or product, it’s not something you can slap a "Do Not Steal" sign on. So unless LeBron’s phrase becomes the name of her skincare line or a line of pantulog clothing, she may not be able to lock it down.

As content creation continues to boom in the social media era, our laws are constantly trying to keep up with the pace. But one thing remains clear: creators, whether they’re making content online or IRL, need to know their rights. And for the rest of us? Let’s give credit where it’s due. Whether it’s for an epic TikTok trend or that one great karaoke performance, respecting originality is key to fostering creativity—and let’s face it, we need more kwela content creators around here!

Until next time, keep juxtaposing!

For any inquiries or feedback, please feel free to reach out to the author via email at admin@nabualaw.com. We welcome your comments and questions and look forward to assisting you.

About the Author

John Paul P. Nabua stands out in the legal landscape with an impressive 15-year tenure that showcases his depth of knowledge and unwavering dedication to the law. As the visionary founder of Nabua Law Office, he has steered his firm to become a beacon of legal excellence, recognized for its unparalleled commitment to providing bespoke legal solutions.

Under his astute leadership, Nabua Law Office has blossomed into a premier legal haven, revered not only for its comprehensive suite of services but also for its innovative approach to addressing complex legal challenges. The firm's adept team of legal professionals brings to the table a wealth of experience and a shared dedication to achieving excellence in every endeavor.

Specializing in a diverse array of legal disciplines, including corporate law, government procurement, and transportation law, Atty. Nabua and his team are committed to delivering strategic counsel and customized advice that aligns with the unique needs of their clientele. His forward-thinking leadership and the firm's collective expertise ensure that Nabua Law Office remains at the forefront of the legal field, continually setting new standards for quality and service in the industry.

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