Candidates have utilized election advertisements to generate a high level of recall from the voting public, especially at the national level, where widespread and aggressive campaigning is required. To attain this purpose, a variety of strategies and platforms have been used. And one common strategy that has been used since long ago and continues to this day is the use of popular songs, whether the entire song or just the melody, altered solely for the purpose of the campaign, which is to increase candidate popularity as measured by actual votes on election day.
It is undeniable that popular song campaign jingles have aided various candidates in the past in winning elections. They allow voters recall a candidate's name and message by making campaign sorties entertaining and memorable.
Campaign jingles have been used in Philippine elections since the 1950s, a brief recall of the past. "Mambo Magsaysay" or "Magsaysay Mambo," a jingle made by Raul Manglapus for late president Ramon Magsaysay, who was then the defense chief, was the most popular at the time.
Most people believe that music may be utilized for free since popular songs have become part of our national and global psyche. However, popular songs are the creations of composers and lyricists who have been made popular by the efforts of artists and record producers. Popular songs are intellectual creations protected by Philippine copyright law and international treaties. They are the result of skill, hard labor, and hard pay.
For some of our candidates, using the song's lyrics or melody is advantageous for their part and taken so simply without necessarily considering the legal consequences. Under the Philippines' Intellectual Property Code, using a song for a political campaign without permission is a crime punishable by up to nine years in prison and/or a fine of up to P1.5 million. Changing a song's lyrics without the composer's or music publisher's consent is also a form of copyright infringement.
Even if candidates are willing to pay a hefty charge, they must first obtain permission from copyright holders to use their works in political advertisements, and they must respect their decision if their bids are rejected because they refuse to associate with a particular candidate or political party.
But there is a deeper aspect of respect that goes beyond legislation. Respect for the collaborative effort that goes into coming up with words and melodies. And it doesn't happen in a minute, a day, or even weeks. Some would take months or perhaps a year to come up with a highly original outcome.
And if some of our national candidates do not respect the people who drive the creative process today, imagine how much worse it will be once they are in power.
If candidates want to prevent backlash and a drop in support, they must be careful how they exploit copyrighted works and encourage their supporters to do the same when preparing materials for online marketing or self-organized rallies.
Obtaining permission from composers, musicians or the music company, with appropriate licensing, entails honoring the creative brains' painstaking processes. When it comes to various viewpoints and persuasions, respect is apparent, and it is much larger and greater than we imagine.