Rivermaya ex-manager may be held liable for allegedly appropriating authorship of "Posible"

Mark Angelo Ching
Wednesday, January 20, 2010 @ 03:57PM  |  19031 views

Rico Blanco's Twitter message claiming the rights to the song "Posible" led to the discovery of the copyright certificate with the name of his ex-manager Lizza Nakpil as both the copyright owner and author.

Photo By: Mark Pimentel













Flor added that it is not the duty of the Copyright Office to investigate whether the information provided in the application forms is true. It is enough that application forms submitted are duly notarized.

"Yung getting information outside dun sa pinrovide niya hindi na namin function yun. Kaya nga yung sa likod [ng form] may affidavit siya, magre-rely kami dun sa information na ipo-provide sa amin. Hindi kami compelled to go beyond the information na ibibigay nila," Flor said.

Flor further explained that the copyright certificate does not mean ownership is granted to the claimant. She said the copyright is automatically earned by any author after a work is finished.

"Contrary sa understanding ng iba, ang copyright, hindi yung pagre-register dito ang nagga-grant ng copyright ownership. Yung act of creation mo ng isang work yun yung nagga-grant ng copyright ownership, so ang ginagawa mo dito nagke-create ka ng public record ng copyright mo," Flor said.

Since Rico Blanco was the song's composer, Flor's statement affirms that he still retains ownership of "Posible."

POSSIBLE PERJURY. PEP sought the opinion of lawyers from the Belo Gozon Elma Parel Asuncion & Lucila (BGEPAL) law firm to determine whether the alleged acts of Nakpil constitute a possible violation of the law.

According to the lawyers whom PEP spoke with, the Intellectual Property Code ("IPC") states that the owner of a copyrighted work is the composer or author unless the work was made during the course of employment, was commissioned, or was assigned in accordance with certain conditions.

The BGEPAL lawyers likewise stated that if none of the above conditions apply and Nakpil indeed signed and provided false information in a sworn document, like a duly notarized affidavit, upon registering the copyright to the song without the requisite waiver, then she may be held liable for perjury.  Under Article 183 of the Revised Penal Code, should a person be found guilty for committing perjury, the penalty is "arresto mayor in its maximum period to prision correccional in its minimum period".

A statement from Warner Music released on January said Blanco has not waived his rights to "Posible" to another person.

"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," the statement said.

In conclusion, Lizza Nakpil may have violated the law when she allegedly registered the songs "Posible" and "Liwanag sa Dilim" under her name as both copyright owner and author, without getting a waiver of copyright from Rico Blanco.

"Based on the facts given, she may be held liable for perjury under Article183 of the Revised Penal Code," the lawyers said.

LIZZA NAKPIL'S SIDE. PEP tried to get the side of Lizza Nakpil. At around 11:30a.m. on Friday, January 15, PEP sent a text message to her personal number, but there was no reply. PEP sent another message at around 10a.m. on Saturday, January 16. Again, there was no reply.

At 4:52p.m. that same Saturday, PEP called the number to check if it's working. A loud ring sounded on the other line.

At press time, Nakpil still has not made any reply to our questions. PEP is still open to Nakpil if she wants to give her side on the issue.

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