File charges vs. candidates for stolen music in campaign jingles - Comelec

Metro Manila, Philippines - The Commission on Elections has urged musicians to take legal action against candidates who use their music without permission for campaign jingles, after OPM band Lola Amour raised the issue on social media.

“What if I told you that it’s stolen?” the band wrote in a post over the weekend, tweaking the opening line of one of its songs to call out candidates for property rights violations.

“Madami na naman daw gumagamit ng mga kanta namin para sa mga campaign jingles [We’ve been told that many are using our songs for campaign jingles]. Please note that all of those are used WITHOUT our consent,” the band added.

Asked about this, Commission on Elections Chairman George Garcia said the poll body can take action once a complaint is filed.

“Sana po may formal na complaint na maihain sa atin ang banda [I hope that the band will file a formal complaint],” Garcia told reporters in a text message on Monday, March 31.

In a press conference, Garcia said that once a complaint is filed, the Comelec can coordinate with the Intellectual Property Office of the Philippines (IPOPHL), with which the poll body has a memorandum of agreement.

Garcia said candidates should be held accountable and cannot blame their supporters for using the campaign jingles in question.

“We will presume na sila ang may akda niyan, alam nila iyan, kanila iyan and therefore gumawa sila ng paraan, they apologize doon sa mismong may akda, doon sa mismong author o sa mismong composer,” Garcia said.

“Sa IPOPHL sila magpaliwanag dahil meron po tayong intellectual property na nilalabag. Hindi naman po iyan paglabag lang sa election law,” he added.

[Translation: We will presume that they are the authors of that, they know it, it’s theirs, and therefore, they should take action, apologize to the actual author, the composer. They should explain this to IPOPHL because we are dealing with an intellectual property violation. It’s not just a violation of election law.]

Under the Intellectual Property Code of 1997, IP owners must provide authorization for the use of their work, be compensated for it, and have the right to refuse its use.

Earlier this month, rapper Omar Manzano filed a copyright infringement complaint against senatorial candidate Apollo Quiboloy, a detained religious leader and alleged sex offender, for using his song “K&B” as a campaign jingle. In February, Manzano shared a video of Quiboloy’s campaign kickoff event where the song was used.