The Commission on Elections (COMELEC) has clarified that formal complaints are necessary before any action can be taken on the unauthorized use of copyrighted songs in election campaign jingles for the 2025 midterm elections.
COMELEC Chairman George Erwin Garcia emphasized the importance of artists formally reporting any violations of intellectual property (IP) rights, following incidents where copyrighted songs are being used without consent in a political campaign.
“There should be a formal complaint that the artist will file to us. It will be the basis of our action,” Garcia stated.
In December 2024, the commission promulgated Resolution No. 11086, reminding candidates and political parties to ensure that IP rights are respected in the production of their campaign jingles, slogans, and merchandise.
This was further reinforced through a Memorandum of Agreement (MOA) signed in January 2025 between the COMELEC and the Intellectual Property Office of the Philippines (IPOPHL), outlining collaborative efforts to strengthen enforcement of IP rights during the campaign period.
The MOA establishes a mechanism for reporting and addressing IP violations and includes educational initiatives to ensure that candidates and their teams understand the importance of respecting intellectual property in their campaign materials.
Political campaigns that use copyrighted jingles or slogans without the proper authorization can be subject to penalties under Republic Act No. 8293, or the Intellectual Property Code.
Violators may face civil penalties, which may involve paying actual damages or any profits made from the unauthorized use.
Meanwhile, fines ranging from P50,000 to P200,000 and imprisonment for 1 to 3 years may be imposed in cases of criminal liability.
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