NextGen Day

MANILA, Philippines — The Intellectual Property Office of the Philippines (IPOPHL) is urging candidates and political parties to follow the IP Code of 1997, which requires them to obtain permission from intellectual property (IP) owners and compensate them for using their works in their campaigns.

“The election period is a great time for candidates to help artists recover from the pandemic-induced economic downturn,” IPOPHL Director General Rowel Barba said, citing the widespread use of copyrighted works — such as photos, audiovisual content, and songs, among others — for political advertisements and promotional materials.

“I hope candidates adequately compensate our artists for their contributions in helping us create more successful and creative campaign messaging,” Barba said, adding that performing copyrighted works like songs in public, even though sorties or motorcades, may also need a price.

He stated that before making any payment, candidates must first obtain permission from IP rights holders to use their works.

“Even if candidates are willing to pay a hefty charge, they must first obtain permission from copyright holders to use their works in political advertisements, and respect their decision if their bids are rejected because they refuse to associate with a particular political party,” Barba added.

The IP Code of 1997 grants copyright holders a variety of economic and moral rights, including the ability to reject public communication of work.

Candidates can now simply find the copyright holders and message them via social media networks to request permission, according to Barba.

Candidates can also contact the relevant IPOPHL-accredited collective management organizations (CMOs), such as the Filipino Society of Composers, Authors and Publishers, Inc. (FILSCAP), Philippines Recorded Music Rights Inc. (PRM), or the Independent Music Producers of the Philippines (IMPRO), to find the music copyright owners, seek permission, or negotiate a fee, in order to use a song, musical composition, or sound recording.

While campaign jingles have been the most common source of infringement complaints in previous election cycles, Barba said the agency will keep its eyes out for future instances and disagreements concerning new marketing trends in the 2022 elections.

With social media now serving as a battleground for political marketing, IPOPHL is keeping a careful eye on developments on various social media platforms, according to the IPOPHL president.

He advised enraged artists to keep a careful eye on political campaigns and use social media platforms’ procedures to protect their intellectual property rights, whether by requesting a fee or a takedown of illegal works.

Barba cautioned that, with the public’s increased awareness of intellectual property and copyright, candidates should guarantee that they use others’ work ethically.

“If candidates want to prevent backlash and a drop in support, they must be aware of how they use copyrighted works, and encourage their supporters to do the same when preparing materials for their web promotions or self-organized demonstrations,” he said.

“Previously, electorates learned about copyright and IP as a result of infringement concerns that candidates were involved with. This election season, perhaps, candidates will respect and support intellectual property rights rather than stealing them “Added he.

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