Copyrighted songs as campaign jingles
WITH the local campaign having finally started last March 29, we now regularly hear catchy tunes of candidates who use music to woo voters. Though some campaign jingles are composed specifically for a campaign, oftentimes, some candidates use popular songs as their campaign jingles. At the back of our head, we wonder if permission was sought, and given, to use these copyrighted songs as campaign jingles.
Q: Are there regulations regarding the use of copyrighted songs in the campaign jingle?
A: Republic Act 8293, the Intellectual Property Code of the Philippines, prescribes the guidelines and limits on using of copyrighted songs as campaign jingles. Copyright infringement is illegal, and there are civil and criminal liabilities for using a copyrighted song without consent.
But equally important is: If a candidate knowingly illegally uses a copyrighted song as his campaign jingle, is that not an indicator
of how he/she will act if and when he/she wins the elections?
Q: Do I need the permission of the composer/artist to use the song I intend to use as campaign jingle?
A: Yes, candidates must secure permission BEFORE using the song as their campaign jingle. I suggest getting in touch with the Filipino Society of Composers, Artists, and Publishers (FILSCAP). I’m sure they’ll be happy to assist.
Q: Can candidates campaign in the Philippines during Holy Week?
A: Campaigning is prohibited on April 18 (Holy Thursday) and April 19 (Good Friday). This refers to traditional campaigning and campaigning on Social Media.
Q: Can national candidates still campaign this week?
A: Yes. National and local candidates are allowed to campaign until May 11. But as regards overseas voting, national candidates can campaign only until April 12. Campaigning for overseas votes is prohibited starting April 13, 2019, or one month before election day. This is because voting for overseas Filipino voters starts on April 13, 2019. Sec. 22 of Republic Act 10590 states:
Regulation on Campaigning Abroad. - Personal campaigning, the use of campaign materials, as well as the limits on campaign spending shall be governed by the laws and regulations applicable in the Philippines: Provided, That all forms of campaigning abroad within the thirty (30)-day overseas voting period shall be prohibited.”
Q: Can a showbiz personality-candidate still appear on shows or tv programs during campaign period?
A: No. All showbiz personalities who filed their Certificate of Candidacy are prohibited from appearing on the shows or TV programs upon the start of the campaign period. So, for Senatorial candidates and nominees of party-list organizations, they can no longer appear starting Feb. 12, 2019.
For local candidates, they were prohibited from appearing on TV shows and/or had to stop their newspaper columns starting March 29, 2019.
Thus, some candidates who appeared in telenovelas, had to be killed off their shows right before the start of the campaign period.
Q: If I’m an appointed officer, shall I resign at the start of the campaign period?
A: For appointive government officials, and those who belong to the armed forces, they are deemed resigned immediately upon the filing of their Certificate of Candidacy.
Sec. 13 of Republic Act 9369 provides:
“For this purpose, the Commission shall set the deadline for the filing of certificate of candidacy/ petition of registration/manifestation to participate in the election. Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall effect only upon that start of the aforesaid campaign period: Provided, finally, That any person holding a public appointive office or position, including active members of the armed forces, and officers, and employees in government-owned or-controlled corporations, shall be considered ipso factor resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certification of candidacy.