Issue over use of ‘Posible’ song in Gibo's TVC far from over

By JOCELYN VALLE
January 8, 2010, 10:31pm







Original Story: http://mb.com.ph/articles/237628/issue-over-use-posible-song-gibos-tvc-far-over


The use of the song “Posible” in a presidential candidate’s television advertisement is unauthorized.

This is according to singer-songwriter Rico Blanco, who is represented by his label, Warner Music Philippines Artist Management, which sent a press statement through the law offices of Siguion Reyna, Montecillo and Ongsiako less than 24 hours after music scorer Dennis Garcia posted on Jan. 7 a note on his Facebook account to purportedly end what he called “a million speculations and conspiracy theories” that his use of the aforementioned song has generated.

Garcia categorically said no to four key points: the unauthorized use of the song in question; the misleading impression that Rivermaya – the band Blanco belonged to during the original recording of “Posible” – is endorsing Gilbert “Gibo” Teodoro; the deliberate attempt to mimic Blanco’s interpretation; and the presidential aspirant’s ignorance of the copyright laws.

“I relayed all these points to uber talented Rico Blanco (legendary front man/creative guru of Rivermaya) who had been bombarded by tweets that mostly peddled innuendos. He listened and showed appreciation for the facts… and the truth,” he noted on his Facebook account.

Garcia also attached a copy of the signed agreement between him (as licensee) and Liza Nakpil on behalf of Circe Communications Inc. (as licensor who controls all rights to the song).

Warner Music’s press statement contradicted Garcia’s main points.

“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,” it read.

“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.”

When Manila Bulletin Entertainment Online contacted Teodoro, his camp said, “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.”

Garcia explained on his Facebook account: “The song was not illegally used. (I’m one of the staunchest defenders of Intellectual Property Rights – and will fight for its enforcement…patayan kung patayan).

“The song was not created to make it appear the band was endorsing the candidate. We didn’t hire a sound alike to fool people. (The singer is one of my in house talents who NEVER mimics other voices).

“Gibo was not ignorant of IPR laws. (A trusting soul…Gibo left things up to me – showing a complete faith in my judgment, in my knowledge of how to be fair to my fellow musicians and songwriters…and in my inherent desire to always be on the side of the Original Pinoy Music).”

Garcia co-founded in the ‘70s the Hotdog band that propagated the Manila Sound as a musical genre that, according to Wikipedia, gave way to the creation of Original Pilipino Music (OPM).

The music veteran related that he chose an OPM for the Teodoro TV commercial (TVC) because “Original Pinoy Music always gives a TVC a refreshing new dimension, a big lift” and cited his “exhilarating experience with the Bongbong [Marcos] and Loren [Legarda] spots” as examples.

“But more importantly, OPM needs every push it can get,” he pointed out.

“I chose a gem I heard extensively during the SEA Games in Manila a few years back,” he recalled. “The song was ‘Posible’…and I tracked down the artists and the publisher through my Viva friends. I had the paperwork prepared, the details spelled out…and paid the agreed-upon license fees.

“I recorded the tune with the intention of staying faithful to the inspiring spirit of the song – with just one, solitary lyric change ‘Gibo’ instead of ‘Laban.’ Everyone involved was happy with the results. The music, though, merely there for the setting of the mood, was a great fit.”

Rivermaya, through drummer Mark Escueta, said, “‘Posible’ is a collaboration between Rivermaya and lyricist Russel Molina. It was released back in 2005. It was a commissioned work that was used as anthem of the 2005 SEA Games. Rivermaya is honored that Gibo is using ‘Posible.’”

Escueta pointed out, though, that the band neither had participation nor a part in the new recording of “Posible” for Teodoro’s TVC.

“Nope, we didn’t do it,” he said. “They did the arrangement themselves after paying Viva Records for the right to use the song. It’s between Gibo and Viva.”

Escueta didn’t answer anymore when asked about Blanco’s comments on Twitter, where questions were first raised on the legality of the song’s use.

Blanco left Rivermaya in 2007. Aside from Escueta, the band’s current lineup is composed of Japs Sergio, Jayson Fernandez and Mike Elgar.


Original Story: http://mb.com.ph/articles/237628/issue-over-use-posible-song-gibos-tvc-far-over