In a dramatic turn of events that has rocked both music and politics, two of the Philippines’ most influential musicians have taken legal action and brave statements online against the unauthorized use of their work in political campaigns.
HGHMNDS Clothing, rap icon Omar Manzano (better known by his stage name Omar Baliw) and the ascendant funk-rock ensemble Lola Amour have emerged as unlikely standard-bearers in what is fast becoming a nationwide movement to protect artists’ intellectual property rights.
The controversy reached its boiling point when Baliw, through his legal representatives at the Anarna Rosario Guinto Law Firm, filed a formal complaint against detained Kingdom of Jesus Christ leader Apollo Quiboloy on March 24. The suit alleges that Quiboloy’s campaign illegally used Baliw’s track “K&B” during a rally broadcast without securing the necessary permissions. “The song was publicly reproduced and performed without my authorization during a campaign broadcast,” stated Manzano’s affidavit. The rapper didn’t stop there; he issued a call to action for his fans, urging them to remain vigilant and report any further instances of political misuse of his music.
Days later, on March 30, Lola Amour found themselves embroiled in a strikingly similar predicament. Fans alerted the band that their chart-topping single “Raining in Manila” had been repurposed into a campaign jingle. The band wasted no time in addressing the issue, taking to their official social media platforms to voice their frustration. “By the way guys, this happened before, and I guess it’s happening again,” the band wrote on X that quickly went viral. “All of the campaign jingles using our songs do not have our consent. Vote wisely.”
A copyright issue
These high-profile cases have cast a glaring spotlight on what many in the Philippine creative industry describe as a pervasive and longstanding issue. The unauthorized use of copyrighted music in political campaigns is not new, but the willingness of artists like Baliw and Lola Amour to fight back marks a potential turning point.
Commission on Elections (COMELEC) Chairperson George Garcia has weighed in on the controversy, urging affected artists to come forward with formal complaints. “Sana po may formal na complaint na maihain sa atin ang banda. Maging basehan ng action namin,” Garcia stated.
The legal framework surrounding this issue was strengthened earlier this year when the Commission on Elections (COMELEC) and the Intellectual Property Office of the Philippines (IPOPHL) signed a landmark memorandum of agreement in January 2024. The agreement established: (1) A joint technical working group to handle copyright violation reports; (2) A streamlined process for monitoring and enforcement, and; (3) Clear guidelines requiring licensing for all political use of music.
FILSCAP (Filipino Society of Composers, Authors, and Publishers) has further clarified the legal requirements for political campaigns seeking to use copyrighted material. According to the organization, a license is needed for the following:
- Public Performance License: Mandatory for any music played at campaign events, even as background music.
- Modification/Adaptation License: Required if lyrics are altered to fit a campaign message, which is a common practice in political jingles.
“Both licenses are non-negotiable under Sections 177.2 and 177.6 of the Intellectual Property Code,” FILSCAP emphasized in a statement.
The cases involving Manzano and Lola Amour have sent shockwaves through the entertainment industry, prompting other artists to reconsider their stance on the political use of their work. If established acts like these can fall victim to unauthorized usage, what does that mean for independent artists with fewer resources to protect their rights?