“Mi baby fiu fiu”: Did Tito Silva have to ask permission to write the song?

‘my baby fiu fiu’, the viral theme of Peruvian musician Tito Silva, has become a real sensation on social networks. It has quickly become an international trend to lead the way in user preferences on streaming music platforms. Even the musical phenomenon reached the ears of Bad Bunny himself, who was asked to interpret it during one of his live broadcasts.

However, the success of the song brought not only recognition and satisfaction to its creator, but also meant a headache due to the risk of getting into legal confusion related to intellectual property or some kind of conflict with the authors. As you know, the theme is an adaptation of the hit ‘Stan’, popularized at the beginning of this millennium by Dido and Eminem.

After talking to the people who manage the rights to the original song, Titus Silva He decided to withdraw his famous creation from his social networks. Although he assured that there was no trial and that the authors understood that this was a parody.the political context of the song”was something that could cause discomfort to the creators of the original theme to force the Peruvian musician to withdraw his creation.

SHOULD TITO SILVA ASK PERMISSION TO CREATE A PARODY?

John Albert Mataconsultant and expert in the music business spoke with RPP News to shed some light on how parody is regulated by Peruvian law. A specialist in the field of musical intellectual property referred to Section 49 of the Copyright Lawwhere the following is stated:

“A parody of a published work will not be considered a transformation requiring the permission of the author, unless it entails the risk of confusion with or prejudice to the original work or its author, and without prejudice to the remuneration that is appropriate for this use.”

In this regard, Juan Alberto Mata points out that the article “rather ambiguous”, so it can be interpreted in different ways; in the same way, the definition of a parody is not entirely clear, because the song in question can also be considered as a phonogram.

“It is allegedly possible to legally use a protected work by other authors for what is considered a parody, but this is obviously a matter of semantics or interpretation. In other words, formal would be to request permission or authorization make a parody but I especially doubt that this case will go to court, ”he said.

THE PRICE OF SUCCESS

These debates or discussions would not have reached these instances had the successmy baby fiu fiu’ wouldn’t shoot that far. This is what Juan Alberto Mata claims when comparing the cases of other national artists such as forceps wave tigress of the East. “What happens is that what Tongo did didn’t have the scope that he achieved. Titus Silva”, accurate.

Beyond the legal challenges Silva may have faced, Mata believes it’s important to highlight the talent and creativity of the Peruvian musician in order to define what is a “trend” and make it go viral. “I think the biggest benefit of “Mi bebito fiu fiu” for Tito was that it brought attention to it … If his status before the song was one, now his status reaches a hundred,” he said.

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