Freddie Aguilar arrested over Anak rights

Folksinger Freddie Aguilar was arrested by agents of the Criminal Investigation and Detection Group (CIDG) yesterday at his New Manila residence for alleged violation of the intellectual property code.

The charges stemmed from Aguilar’s allowing the use of his bestselling song Anak in a movie by a local company, infringing on the copyright held by Bayanihan Music Philippines Inc.

Anak, a big hit in the Philippines and in other countries, was used by STAR Cinema Productions Inc. for a movie of the same title in 1998 with the composer’s blessings.

But BAMI, represented by Pio Tan, cried foul and lodged charges of infringement of copyright against Aguilar before the Quezon City Prosecutor’s Office.

The copyright for Anak, recorded in 1978 and a finalist in the first Metro-Pop Song Festival that same year, is controlled by BAMI.

At Camp Crame, Aguilar denied the charges, claiming that he has, since 1978, allowed other individuals and companies to use his songs but without assigning any rights to them.

"Hindi ko alam na ganoon kahigpit ang batas natin (I didn’t know that our laws were that strict)," a visibly shaken Aguilar told Camp Crame reporters.

CIDG agents picked up Aguilar at his residence in New Manila, Quezon City based on a warrant of arrest issued against him by a city court which recommended a P6,000 bail bond for his temporary liberty.

The folksinger was then taken to the office of CIDG director Chief Superintendent Nestorio Gualberto for booking. He was released after posting bail.

According to information filed against him by BAMI, Aguilar entered into a contract with the music company whereby the latter assigned to the former all his rights, interests and participation on a number of his musical compositions, including Anak, for the full term of copyright.

BAMI alleged that a certificate of copyright registration was forthwith issued in the name of the company by the director of the National Library.

But sometime in October 1998, Aguilar, according to BAMI, entered into a license agreement with STAR Cinema granting to the latter the right to record, dub and synchronize the song Anak in relation to the motion picture of the same name in any and all media.

The singer also allegedly allowed STAR Cinema the right to use the title of the song for the movie.

BAMI claimed that upon knowing of Aguilar’s act, the company informed STAR Cinema Productions of its existing copyright over the hit song. STAR Cinema then entered into a film synchronization license agreement with BAMI.

During preliminary investigation, only Aguilar’s counsel appeared despite repeated subpoenas for the composer to make a personal appearance. Failing to submit himself to the Quezon City Prosecutor’s Office, he was later indicted as charged.