A Sound Vote: Integrity, Music Copyright, and Politics in the Philippines

• Main Author: Dy, Mark Robert
• Format: text
• Published: Animo Repository 2022
• Subjects: Intellectual Property, Copyright, Moral Rights, Music Licensing, Integrity, Politics, Elections, Collective Management, Creative Industries; Intellectual Property Law; Technology and Innovation
• Online Access: https://animorepository.dlsu.edu.ph/apjipmi/vol1/iss1/13; https://animorepository.dlsu.edu.ph/context/apjipmi/article/1012/viewcontent/ra_2.pdf
• Institution: De La Salle University

This research aims to determine whether the moral right of integrity may be invoked by composers or performers to prevent the use of their music for political campaigning. Protecting the integrity of a work does not only mean keeping a work unchanged but also includes preventing its use in an undesirable context. Under ordinary circumstances, a license from the music publisher or agent would be enough permission to play or perform music publicly. However, political campaigns are uniquely complicated situations because permitting the use of one’s music might be perceived as support for a political candidate, party, or ideology. The risk of damaging the artist’s brand and reputation is much greater. This study submits that, apart from the economic considerations, due diligence requires the licensing parties to clear the moral rights concerned before proceeding with any transaction. While there has been no Philippine case law involving the use of copyrighted music in political campaigns, this study examines foreign case law, commentaries, and experiences to help understand how the Philippines should move forward with its own policies. This analysis suggests that authors or performers of musical works may invoke the moral right of integrity to prohibit the use of their songs in political campaigns due to the risk of harm to their work and reputation.