Rico Blanco asks Gibo to stop using 'Posible'
MANILA, Philippines - Singer-songwriter Rico Blanco has released an official statement asking presidential candidate Gilbert "Gibo" Teodoro and his camp to stop using his composition "Posible" for the administration candidate's political advertisements.
In a statement released by Blanco's music manager, Warner Music Philippines, it said the Teodoro camp's use of the song, Posible, which is Blanco's original musical composition, is unauthorized.
Below is a copy of statement sent to abs-cbnNEWS.com by Warner Music Philippines Artist Management regarding the unauthorized use of Blanco's composition "Posible."
"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 – 4 January 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."
Blanco used to be the lead singer-songwriter of the band, Rivermaya. He has had many original Filipino music compositions that have become number one hits.
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Imposible
In showbiz, the manager is an employee of the artist. The artist pays the manager, through commissions, to manage his affairs. The manager is not the employer. The employer is the recording company that commissions the artist to write songs.
In this case, Rico's/Warner's demand shows that he/Warner still owns the song, thus its unauthorized use should stop.
But there is another Rico song that Gibo can use (if Rico agrees). The song Imposible describes more aptly Gibo's chances.
Manager/employer can own rights without assignment
It's possible the manager owns the rights without Rico assigning them.
Section 178.3b of the Intellectual Property Code:
"In the case of work created by an author during and in the course of his employment, the copyright shall belong to:
(b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary."
http://www.pinoyexchange.com/forums/showthread.php?t=422257&page=19
rico owns the song
Rico wrote the song. He owns it. There is no legalese around that fact. Dennis may have good faith in using it, the manager may had bad faith in allowing its use without permission from the owner, but this is the chance for Gibo to exhibit statesmanship in stopping its use. Otherwise, it will be like his boss all over again, immorally hiding behind flimsy legalese.