Comelec, IPOPHL sign MOA vs. unauthorized use of songs for campaign jingles

The Commission on Elections (Comelec) and the Intellectual Property Office of the Philippines (IPOPHL) have signed an agreement to curb candidates' unauthorized use of songs for campaign jingles.

Comelec Chairman George Garcia, Comelec Commissioner Ernesto Maceda Jr., IPOPHL Officer-in-Charge Director General Nathaniel Arevalo, and IPOPHL Deputy Director General for Operations Ann Claire Cabochan signed Friday the memorandum of agreement (MOA) on campaign jingles at Palacio del Gobernador in Intramuros, Manila City.

During the signing event, Garcia said such violations will be treated by the Comelec as a poll offense because these fall under illegal election propaganda.

He cited instances in previous elections wherein the Comelec received letters from associations of composers and artists, complaining about the candidates' use of their songs. They had asserted that these are their intellectual properties that are protected under the law.

With this agreement, Garcia said, easier reporting mechanisms will be in place regarding the illegal use of one's compositions.

Cabochan said even the tune of the songs are protected by intellectual property rights.  

"So ito ay warning doon sa mga gumagamit at gagamit bigla ngayon. Mag-isip naman kayo ng sarili niyong tugtugin hindi naman sa iba, maliban na lang kung may pahintulot mismo nu'ng gumawa," Garcia said.

(Let this be a warning to those who use and will suddenly use songs without the owner's permission. They should create their own music.)

The Comelec chairman added that the agreement would also allow IPOPHIL to determine other liabilities on the unauthorized use of songs, noting that this violation of intellectual property rights bears criminal and civil liabilities.

Protecting musicians

Meanwhile, Maceda said the agreement with IPOPHL would help artists to seek recourse against erring candidates.

While artists can always raise their grievances before the courts of law, Maceda said this would take time and might even reach the end of term of an elected candidate.

Further, Maceda said this agreement would remove impressions that composers and artists of the songs used in election campaigns are supportive of the candidates.

According to IPOPHL, there were five cases of illegal use of music for campaign jingles during the 2022 national and local elections.

As of today, Cabochan said only one was settled and the other four cases are still in the courts. — VDV, GMA Integrated News

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