FILSCAP Statement Regarding The Use Of Copyrighted Songs In The Election Campaign

The Filipino Society of Composers, Authors and Publishers (“FILSCAP”) would like to remind those who are engaged in election campaign that the public playing of copyrighted songs (whether live or recorded) during campaign rallies or sorties requires a license from the copyright owner as provided under Sec. 177.6 of the Intellectual Property Code of the Philippines, as amended (“IP Code”). This would include the playing of background music before or during the event, and the playing of entertainment music (e.g., during a song or dance performance) as they are considered “public performance” under Sec. 171.6 of the IP Code. This rule equally applies to local and foreign copyrighted songs.

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 (which is commonly done when making campaign jingles) pursuant to Sec. 177.2 of the IP Code. It is also different from the “reproduction license” (also called mechanical/synchronization license) that needs to be secured if a copyrighted song is recorded (e.g., incorporation of a song in a campaign video) pursuant to Sec. 177.1 of the IP Code.

FILSCAP is currently the only collective management organization accredited by the Intellectual Property Office of the Philippines to license, among others, the public performance in the Philippines of copyrighted local and foreign songs. It administers or licenses the public performance rights of its members and the members of its affiliate foreign societies and has over 20 million local and foreign songs under its repertoire. Those who need assistance in getting the necessary license to publicly play copyrighted music may email licensing@filscap.com.ph or call 0917-828-0500. The rate cards of FILSCAP may be viewed through this link.