With the upcoming May 2025 mid-term elections in the Philippines, candidates are reminded to observe and respect intellectual property laws, particularly with regard to the use of copyrighted music in jingles and campaigns. The Commission on Elections (COMELEC) and the Intellectual Property Office of the Philippines (IPOPHL) have signed a memorandum of agreement to curb election-related IP violations.
Associate
Federis & Associates Law Offices
Meanwhile, the Licensing Executives Society Philippines on 1 March 2025 held a forum titled “Navigating IP in Election Campaigns: Licensing Music for Election Campaign Use”. The forum brought together legal experts and industry professionals for an in-depth discussion of the IP issues related to election campaigns, licensing and copyright compliance.
During the forum, Exequiel Valerio, an attorney with the accreditation and standards division of the IPOPHL, stated that any member of the public can report the IP violations through the dedicated email address: eleksyon2025@ipophil.gov.ph. Reports can be submitted anonymously. However, supporting evidence such as video footage showing the use of the copyrighted song during a campaign should be attached to the complaint.
The Bureau of Copyright and Related Rights (BCRR) will then evaluate the report and evidence to determine whether the matter should be referred to the appropriate unit or bureau. If the use falls under piracy, the matter will be referred to the Intellectual Property Rights Enforcement Office. If the use constitutes copyright infringement, the report will be referred to the Bureau of Legal Affairs (BLA).
The BCRR has jurisdiction over matters pertaining to the terms of a licence and the holder’s rights to the public performance and/or other communication to the public regarding the work. The bureau may need to liaise with the Filipino Society of Composers, Authors and Publishers (FILSCAP) to ensure that their copyright-holder members are properly remunerated for the use of their work.
Thursday Alciso, an attorney and general manager of FILSCAP, reiterated that the society is the collective management organisation (CMO) authorised to license the public playing, broadcast, streaming, and making available online of copyrighted local and foreign songs.
If a candidate intends to change the lyrics of a song, the candidate will need to secure licences for both reproduction and modification or adaptation from the composer or music publisher. These licences are separate from, and in addition to, licences for public performance and other forms of communication to the public, which are generally secured from FILSCAP.
Thus, a copyrighted song cannot be performed or played in public without a licence or prior permission. Further, candidates generally cannot invoke the fair use doctrine as a defence for using copyrighted music in election campaigns.
In the US case of Grant v Trump, musician Eddy Grant sued then presidential candidate Donald Trump for the unauthorised use of a 40-second snippet of Grant’s 1983 song Electric Avenue in a campaign video shared on social media. The US district court held that political campaign videos are commercial in nature, as they generate publicity and donations. The court also found the use non-transformative and held that permitting such unauthorised use would set a precedent for infringement, undermining the composer’s ability to obtain compensation from licensing their music.
For violations on social media and video-sharing platforms, the copyright holder or CMO may request a takedown. Under the IP code, as amended, these platforms may be held liable if they have been given notice of the infringement but still fail to remove the infringing material.
Non-compliance comes with severe penalties. In addition to filing an administrative case with the BLA or a civil case for damages, the copyright holder may also pursue a criminal complaint against the infringing candidate. If found guilty of copyright infringement, the candidate may face fines from PHP50,000 (USD861) to PHP1.5 million, and/or imprisonment ranging from one to nine years, depending on the number of offences.
In a first, the COMELEC has included a section in its implementing rules and regulations pertaining to the respect of IP in election campaigns. Section 9 of COMELEC Resolution No. 11086, or the Rules Implementing the Fair Election Act in Connection with the 2025 National and Local Elections, provides that IP violations will be referred to the IPOPHL for appropriate action. The commission may also take down infringing campaign material.
Giving even more teeth to the law, section 40 provides that any violation of these rules, including disrespecting IP rights, is considered an election offence punishable under the Omnibus Election Code. Those seeking public office should lead by example and uphold the very laws they aspire to enforce.
Ernest Luigi A Manzanares is an associate at Federis & Associates Law Offices
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