Lifting copyrighted songs for use as a campaign jingle is a crime, Intellectual Property Office of the Philippines (IPOPHL) director general Rowel Barba warned.

Barba added indiscriminate use of songs may create a negative impression among voters.

IPOPHL warnings to political candidates have been successful thus far as no such complaint yet.

“There was a previous case filed by a singer and a record label which was amicably settled. It was Rico Blanco who filed the case during a presidential election,” Barba said.

MoU vs infringement

To preclude such a breach from happening, the IPOPHL and the Commission on Elections on Wednesday sealed a memorandum of understanding (MoU) during the 2nd Philippine International Copyright Summit (PICS) held in Novotel Manila Araneta City.

The MoU aims to protect the intellectual property (IP) rights of artists whose works may be used without permission for the campaigns.

This is the first time that IPOPHL has partnered with Comelec.

The MoU was signed between IPOPHL’s Barba and Comelec chairman George Erwin Garcia.

Barba emphasized the severity of copyright breaches on songs.

“‘They haven’t even been elected yet, and they’re already stealing, and it’s no less than intellectual property at that. So how much more when they do get elected? That’s what we should emphasize to our fellow citizens when it comes to voting.... That’s a signal for the voters not to vote for that person,” Garcia said.

“Our creators should be rewarded, not robbed, and this is the commitment of Comelec,” he added.

“This agreement marks an important first step in promoting respect for IP rights during elections as it establishes the framework for future joint efforts,” Barba said.

“This MoU will pave the way for initiatives that will ensure that candidates are held accountable for the materials they use, which will foster a culture of respect for IP in our electoral system,” he added.

Under the agreement, IPOPHL and Comelec will cooperate to increase copyright awareness and compliance of candidates with the IP Code of 1997, ensuring fairness and compliance with the law before and throughout the campaign.

While Garcia explained that IP violation is not an election offense, Comelec is committed to supporting initiatives to hold individuals accountable for the violation of any law during the candidacy period and to be aggressive in exposing violators as a way to educate voters.

The campaign period for national elections is scheduled from 11 February to 10 May, while the campaign period for local elections is slated from 28 March to 10 May.

Earlier, IPOPHL urged political candidates and groups to respect IP rights when using existing copyrighted works in developing their promotion materials.

“For this election season, candidates and campaign teams must understand that when they use songs, images, or videos without permission, they violate the IP rights of artists and authors. These creators deserve recognition, respect, and fair compensation for the use of their works,” Barba reiterated.