Comelec warns aspirants against unauthorized use of songs as campaign jingles

The Commission on Elections (Comelec) on Friday warned aspirants against the unauthorized use of songs as their campaign jingles.

"Doon po sa gagamit ng mga jingles, sana po siguraduhin lamang na may permiso ang artist (For those who will use campaign jingles, make sure they have the artist's permission)," Comelec Chairperson George Garcia said in an ambush interview.

Garcia said this is to avoid possible violations of intellectual property rights which bear criminal and civil liabilities.

On 24 January, the Comelec signed an agreement with the Intellectual Property Office of the Philippines (IPOPHL) to curb candidates' unauthorized use of songs for campaign jingles.

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

For its part, the Filipino Society of Composers, Authors and Publishers (FILSCAP) reminded those who are engaged in election campaigns that publicly paying for copyrighted songs during campaign rallies or sorties requires a license from the copyright owner.

FILSCAP said this would include the playing of background music before or during the event, and the playing of entertainment music, such as during a song or dance performance, as they are considered "public performances."

Moreover, it added that the "public performance license" is different from the "modification/adaptation license" that needs to be secured if the lyrics of a copyrighted song are changed.

It is also different from the "reproduction license" that needs to be secured if a copyrighted song is recorded.

FILSCAP is the only collective management by the IPOPHL to license the public performance in the Philippines of copyrighted local and foreign songs.