Gilbert Teodoro's TV commercial, which uses the song "Posible" originally performed by Rivermaya, is thrown in the middle of a copyright dispute between composer Rico Blanco and Rivermaya's former manager Lizza Nakpil.
ELECTION WATCH: Gibo Teodoro's TV ad caught in copyright dispute between Rico Blanco and former Rivermaya manager
Monday, January 11, 2010
08:34 AM
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Along with the explanation, Garcia posted a photo of a document dated December 11, 2009. It names Lizza Nakpil as the licensor "who controls all the rights to the song" "Posible." Nakpil and Garcia were co-signees on the document, which gave Teodoro's camp the right to use the song on TV and radio commercials for a period of six months only in the Philippine territory. Slight changes to the lyrics were also allowed.
Noticeably, Rivermaya was named the song's performer. The amount of money used to buy the rights of the song, meanwhile, was blotted out.
CEASE AND DESIST. Despite Garcia's explanation, Warner Music released on the following day a statement that asserted that the use of "Posible" was unauthorized. Warner Music claimed that Rico Blanco "reserved all intellectual property rights" to the song.
It also asked Teodoro's camp to stop the airing of the TV ad to "avoid legal action."
PEP publishes the full statement below:
"It has come to our attention that our talent Rico Blanco's musical composition, 'Posible,' has been used in broadcast advertising associated with a candidate in this year's presidential elections. Television advertisements, in which the composition has been performed, have been airing regularly since—at least—January 4, 2010.
"This use of 'Posible' is unauthorized. Rico Blanco is the composer and reserved all intellectual property rights to it. He has not licensed the use of the composition to any political-ad campaign, nor has he assigned any of his rights to another party or to a music publisher. Rico at this time has not endorsed any political candidate, whether for President or any other elective position, and is not affiliated with any political party. Nor have his services as a composer or performer been retained by any national political campaign.
"Rico Blanco and Warner Music Philippines Artist Management have requested that the campaign cease and desist from any further broadcast of 'Posible,' and are hopeful that the concerned parties will act appropriately to avoid legal action."
NO ANSWER FROM GIBO. PEP tried to contact Teodoro's camp to get their side on the cease and desist order. But a text message sent to one of Teodoro's staff last Saturday and Sunday night were not answered as of posting time. This morning, PEP also sent a text message to the staff of Teodoro's wife, Monica Prieto-Teodoro, but it was also unanswered.
In a statement sent to Manila Bulletin on January 8, Teodoro's camp said they would rather leave the explanations to Dennis Garcia, the musical scorer who supervised the recording of the song for the TV commercial.
"He is aware of the issue but his campaign team would rather leave it to Dennis Garcia to answer because Dennis had already done a good [job] in answering the issue point by point and by posting the licensing agreement on the Internet," the statement said.
A GMA-7 news report aired last night also said it failed to get Teodoro's opinion.
DENNIS GARCIA'S SIDE. To further clarify the issue, PEP sent an e-mail to Dennis Garcia this morning. In response, Garcia said he just "volunteered to explain his side of the story," and that Teodoro's camp has "no reason to apologize or be defensive."
According to Garcia, the record label's order to "cease and desist" from playing the commercial, "surprised" Teodoro's camp.
"Of course, they were quite surprised. Everything was above board. In my opinion, they should not stop the commercials. That would be like admitting guilt," Garcia said.
Garcia, moreover, said he was unaware of the supposed rift between Nakpil and Rivermaya when he purchased the rights of the song.
"When this issue started, people started telling me about a supposedly messy rift. I wasn't aware of this because I have been based abroad since 2007... Also, frankly, I'm more interested in Pinoy artists of the '70s. I shouldn't be obliged to know the latest chismis," he explained.
This may have been the reason why Garcia contacted Nakpil, instead of Rico, for the rights of "Posible."
MEETING WITH RICO. In hopes of finally ending the issue that "attracts negative forces" to Teodoro's campaign, Garcia posted another explanation on his Facebook account this afternoon.
Garcia said he set up a meeting with Rico Blanco on January 6 "to clear the air and correct any misconceptions." But he said the singer canceled the meeting on the appointed date, and just sent a text message assuring him that there were "no ill feelings and... bad faith from [Garcia's] end and anything like that."
Blanco just instructed Garcia to "just inform his management team at Warner Music about the license."
- ELECTION WATCH: Edu Manzano chosen as Gilbert Teodoro's running mate in 2010
- Rivermaya ex-manager may be held liable for allegedly appropriating authorship of "Posible"
- Rivermaya's Mark Escueta airs opinion on "Posible" controversy
- Rico Blanco releases fourth single to inspire typhoon victims
- Rivermaya accuses former manager of career sabotage
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