MANILA - Amid the heavy use of local and foreign songs in the current electoral campaign, the Filipino Society of Composer, Authors and Publishers (FILSCAP) reminded candidates that the public use of copyrighted songs requires license from the agency and music creators.

Music being played by presidential contenders online and on-site public performances and sorties include “Posible”, “Dying Inside to Hold You” and “Nais Ko” in Isko Moreno’s campaign; “ Umagang kay Ganda” and “Ako ay Pilipino” in Ferdinand "Bongbong" Marcos Jr.’s proclamation rally; and “Magkaisa,” composed by Sen. Tito Sotto, running mate of Sen. Ping Lacson.

Leody de Guzman has opted to use an original Adrian Jimenez composition, “Manggagawa Naman”; likewise Manny Pacquiao with Freddie Aguilar’s original composition “Dugo at Pawis.”

Vice President Leni Robredo has also supplemented her campaign with the use of Ryan Cayabyab’s “Paraiso” which was interpreted by her daughter, Gillian Robredo, in a music video. Cayabyab clarified with ABS-CBN News Monday that the use of his song was not a donation. He said Robredo’s team went through the official process of securing the use of the song for the campaign.

Moreno’s team also told ABS-CBN News that they also went through the proper channels for the online use of “Posible” by Rivermaya.
Marcos’ team, according to FILSCAP, had already secured a licensing agreement for the use of copyrighted songs in its roster.

In its statement Thursday, FILSCAP reiterated that under the Intellectual Property Code of the Philippines, the use or playing of background music before or during an event, and the playing of entertainment music (e.g., during a song or dance performance) are considered “public performance” and should be covered by licensing fees.

It also stressed that the rule equally applies to local and foreign copyrighted songs. FILSCAP acts as a collection agency for
local use of foreign songs under a global agreement, according to FILSCAP president Nonoy Tan.

The “public performance license” is different from the “modification/adaptation license” that needs to be secured if the lyrics of a copyrighted song is changed during the campaign period.

It is also different from the “reproduction license” (also called mechanical/synchronization license) that needs to be secured if a copyrighted song is recorded in a campaign video.

Since the 1960s, FILSCAP has advocated for the respect and recognition of intellectual property rights of music creators. It is a member of the Paris-based International Confederation of Societies of Authors and Composers, the global umbrella organization of over 200 creator rights organizations.