INQUIRER.net stock photo
Update
MANILA, Philippines – The Intellectual Property Office of the Philippines (IPOPHL) warned politicians who are using someone else’s music or art for their campaign without consent, making them liable for infringement.
In a statement, IPOPHL said that election candidates should secure permission and license for copyrighted works should they plan to use these for promotional materials.
Modifying popular work, like songs or images, has long been a practice among political hopefuls come election time, IPOPHL said.
“The essential requirement in copyright is permission. Even if you are willing to pay the royalty, if the copyright owner does not agree, you can’t use it,” said IPOPHL Director General Josephine R. Santiago.
“Candidates running for office should keep this top of mind as they strategize on their promotions,” she added.
IPOPHL said that a copyright owner gives his or her permission through the issuance of a license. The owner, then, may require the payment of license fees as remuneration for the use of his or her intellectual property in the political campaign.
Asked for further clarification, IPOPHL said that no one has filed a complaint yet. This, however, is despite the fact that many candidates are in the middle of campaigning.
Raymund Marasigan, frontman of popular rock band Sandwich and former drummer of Eraserheads, has recently flagged the practice.
He even asked Filipinos not to vote candidates who use “an unauthorized bastardized popular song as an election jingle.”
In using copyrighted materials without permission or license, candidates may be violating not just the economic rights of copyright owners, which enable them to earn from their work, but also the moral rights of the copyright holders, IPOPHL said.
One of these moral rights, IPOPHL added, is the right to object to any changes to the rights holder’s work that may affect his reputation.
This, IPOPHL said, may be an issue when the right holder does not approve of the platform and stance of the candidate or party using his jingle.
Under the law, infringement could lead to criminal penalties such as up to nine years of jail time. The person infringing the right is also liable to pay actual damages, among other provisions of the law./ac