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Was the music used in Gibo’s jingle stolen? Dennis Garcia says “No”

Checked my email upon arriving from LA and found a note from Dennis Garcia, whom I admire for his wit and creativity,about a controversy on the jingle used in a Gilbert Teodoro ad.

Had to make a quick google search on the issue and this is what I got from GMA News on line:

Rico Blanco, formerly of the rock band Rivermaya, has demanded that administration presidential bet Gilberto Teodoro, Jr. stop using his song “Posible” in the politician’s video ad.

The campaign jingle changed the lyrics to “Sulong Gibo (Go, Gibo!)” from the original “Sulong, laban (Go, fight!)” in the song’s refrain.

In a statement released to the media on Saturday, Blanco, through Warner Music Philippines Artist Management, said the use of his song “Posible” in Teodoro’s latest campaign advertisement did not have his consent. Garcia refutes this and sent a copy of his agreement with Liza Nakpil, registered publisher of the song.

“This use of ‘Posible’ is unauthorized. Rico Blanco is the composer and reserved all intellectual property right to it. He has not licensed the use of the composition to any political ad campaign,” the statement by Blanco’s representatives read.

Blanco also requested Teodoro’s camp to “cease and desist from any further broadcast of ‘Posible’… to avoid any legal action.”

According to Warner Music, Blanco “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.”

Blanco’s services as a composer or performer have also not been retained by any national political campaign, according to Warner Music.

This is Dennis side:

I have been doing creative work for political clients for nearly two decades. At every opportunity, I make it a point to recommend that my clients use Original Pinoy Music. More often than not, OPM tends to make a campaign material ‘feel good’ and creates a connection with the audience much, much faster. What’s even nicer, it helps rekindle fondness for Original Pinoy Music whose rise to popularity I am proud to be a part of (with my band HOTDOG).

And I have unleashed this passion for OPM every election season. There was “Umagang Kay Ganda” for a Joe de Venecia TV ad in 1998. And the unforgettable “Mr Palengke” in 2004, Mar Roxas’ battle hymn adapted from a Parokya ni Edgar song. In 2007, there was Alan Peter Cayetano’s “Ito ang Gusto Ko” adapted from Francis M’s classic ditty. Same year saw Darlene Custodio knock out Pacman with “Bongga Ka ‘Day”. And the list goes on and on…

Recently, I was tasked to score the music for a Gibo Teodoro TV material. Given a free hand to use whatever music (existing or original) I want… I opted to go OPM.

I chose a gem I heard extensively during the SEA Games in Manila a few years back. The song was “Posible”… and I tracked down the artists and the publisher through my Viva friends.

The publisher turned out to be Ms. Lizza Nakpil. I had the paperwork prepared, the details spelled out… and paid the agreed-upon license fees (one of the perks of my being a composer is the fact that I tend to get charged much, much cheaper fees. Of course, the savings are always passed on to clients. Friend’s price!).

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 setting the mood, was a great fit.

However when the TVC aired… a million speculations and conspiracy theories were hatched.

Each one – wrong.

No. 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.)

No. The song was not created to make it appear the band was endorsing the candidate.

No. We didn’t hire a sound-alike to fool people. (The singer is one of my in-house talents who NEVER mimics other voices)

No. 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 push for Original Pinoy Music.)

Through my nephew Toti Dalmacion, head of Terno Records, I relayed all these points to Rico Blanco (front man/creative guru of Rivermaya) who was being bombarded by tweets that mostly peddled innuendos. He listened and showed appreciation for the facts… and the truth.

I set a meeting with him on Jan. 6 to clear the air and correct any misconceptions. And he readily accepted. On the appointed date, he said there was no need to meet… that he knew there was no bad faith involved and that I should just inform his management team at Warner Music about the license.

Not content with just a phone call, I took pains to have the license sent to Warner Music’s offices on Jan. 7 for their review. (This completely creates doubts about Warner Music’s assertion in their press releases on Jan. 8 and 9 that “all it would have taken was phone call” to fix the matter.)

With the combative actions of Warner, I contacted Lizza to provide me with additional supporting papers for the song… which she did.

I now wonder what motives are behind this whole episode. There was never an instance of bad faith. Why penalize a diehard supporter of OPM? Why so many press releases? Why target Gibo ruthlessly?

But what worries me more is the fact that this incident will needlessly scare candidates from using Original Pinoy Music for their campaigns.

Goodbye, OPM. Hello… ‘nobody, nobody but you’.

PS. I expect a sincere apology from Rico Blanco and his music label. I also intend to file a case of piracy of my lyrics for the songs “O Lumapit Ka” and “Ikaw Pa Rin” which Warner Music brazenly used without remuneration and permission. Hey guys, practice what you preach.

Published in2010 elections

20 Comments

  1. this is interesting especially with this warning or threat?

    PS. I expect a sincere apology from Rico Blanco and his music label. I also intend to file a case of piracy of my lyrics for the songs “O Lumapit Ka” and “Ikaw Pa Rin” which Warner Music brazenly used without remuneration and permission. Hey guys, practice what you preach.

    parang you sue me, i sue you too. an eye for an eye. masundan nga ang mga developments nito haha

  2. chi chi

    Ang dali ng bakasyon mo, Ellen. Welcome back dyan sa Pinas.

    Hmmmnnn…wala akong masabi kasi kahit ano pang kanta o pangongopya ng tono ng kanta ang gawin ni Gibo o propagandistas niya ay hindi ko siya iboboto. Saka hindi ko pa naririnig ang kanta, hehehe.

  3. saxnviolins saxnviolins

    Simple lang ang rason. Warner wants more money.

    There was a discount because it was Dennis Garcia who worked for the legal use, as he narrates. Presyong composer. But Warner saw that it went to Gibo, with the deep pockets of kurakot money. Oops, teka muna, mali ang pricing.Atras. Let us litigate.

    Dennis could have used one of his songs – Annie Baungbakal, with GMA/Nora endorsing Gibo.

    “Si Annie Batungbakal na taga-Lubao. Sa lahat ng contrata ay sumasawsaw.Mga problema niya’y kanyang nalilimutan kung siya’y humuhuthot araw-araw.

    Refrain:

    Sa Manila, diktadora. Sa Dubai, siya’y labandera.Pagsapit ng dilim siya ay nasa China. Annie Batungbakal, Sadistang isnabera, sadistang parang Reyna.

    Ano ba ang jingle ni Money V? I suggest Dennis Garcia contact Mike Hanopol who composed many Hagibis songs including Katawan. Then we can all join in the chorus/refrain of “Kawatan, kawatan kawatan, oh kawatan.”

  4. bwahaha! i sooooo love your annie batungbakal version saxnviolins hehehe

    even then, granted gibo uses the best song there is, hirap habulin ang rankings. but if you look at it na “Plan V” nga si manny, any votes that goes for Gibo is still votes less for noynoy.

  5. Mike Mike

    Gloria jingle: Katawan as suggested by saxnviolins, part of the lyrics I want to contribute. 😛

    “katawan katawan katawan merong peke sa katawan”

  6. MPRivera MPRivera

    May bago palang saydlayn si atitiway, ah.

    Mahusay pala siyang decomposer.

    Tamang tama. Bulok naman ang mga nasasangkot, eh.

    Si gloria mukhangbakal. Si Manny’ng humahagibis sa kotongan at si Bigong nagpupumilit kahit walang laban.

  7. christian christian

    puro panloloko talaga alam ni gma, villar at gibo,mga kawatan talaga, sagad sa buto na ang kabulukan

  8. OT… here’s a must see film about a hero (a bit boring at the beginning but it gets exciting as you watch it, so be patient…)

    Btw, it’s a film on Ellen! 🙂

    Thank You To A Hero

  9. Sehh whhaat??

    any votes that goes for Gibo is still votes less for noynoy.

    My barber sezzz — Danding plan-“A” is NoyNoy and Gibo is “B”.

  10. If you guys don’t know it, Dennis Garcia also did the campaign infomercials of Bongbong Marcos and Loren Legarda. IPR paperwork is SOP for legit ad agencies. If there’s anything to settle, it’s between Rivermaya/Blanco and their publicist.

  11. perl perl

    Walang patawad, pati ba naman kanta ninanakaw! o baka nman tinitipid sya sa pondo ni gloria dahil binubuhos lahat kay Vilar.
    Kakawawang Bigo! Bobo! Buti pa si Noli, umatras. Alam nyang mabababoy lang siya pagdating ng eleksyon!

    Gising Bigo, ginagago ka lang ng amo mo!

  12. Re #9 and 10.Thank you very much. Such a heartwarming gesture.

    Paano nyo ginawa yun? I’s like to do it for Sen. Trillanes.

  13. From Cecilia Real:

    We need people like Dennis Garcia to stand up for what is right!

    Let’s not say goodbye to OPM; it’s just one outfit that went wrong; there are still others who are willing to commit and be part of nation building.

    Bravo!

  14. perl, hindi ninakaw, in fact binayaran kung sinuman yung publisher ng Rivermaya at the time na narelease yung kanta. Mahirap maghanap ng songwriter, composer, musician sa Pilipinas dahil walang pera dito kung hindi ka rin lang super sikat. Nasa abroad sila naghahanap-buhay. Kaya merong publisher at kung ipakita ng publisher na-assigned sa kanya ang Intellectual Property Rights ng isang kantang gustong bilhin, siya ang kakausapin.

    Kung naargabiyado si Rico Blanco, o yung Warner, idemanda nila yung publisher na tumanggap ng pera. Sinabi nga ni Dennis sa Facebook, nag-usap na sila ni Rico, pero iba naman ang agenda ng Warner. Nakaamoy ng pera kaya ginagatasan ng husto ang isyu.

    Si Dennis ay isa sa mga staunch advocates ng Anti-Piracy at OPM kaya kabisado niya yan. Yun ngang Annie Batungbacal at Manila niya ay ginamit din sa commercial ng walang pahintulot/bayad.

  15. saxnviolins saxnviolins

    PS. I expect a sincere apology from Rico Blanco and his music label. I also intend to file a case of piracy of my lyrics for the songs “O Lumapit Ka” and “Ikaw Pa Rin” which Warner Music brazenly used without remuneration and permission. Hey guys, practice what you preach.

    Tiba-tiba si Dennis Garcia dito, because the Law on Intellectual Property states:

    (b) Pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty (Section 216.1 (b).

  16. Isagani Isagani

    “But what worries me more is the fact that this incident will needlessly scare candidates from using Original Pinoy Music for their campaigns.

    Goodbye, OPM. Hello… ‘nobody, nobody but you’.”

    Actually, lumang tugtugin na mga bantang ganyan at alam naman natin na walang hahangahan iyan. So, ok napikon yata.

    E kung ayaw ipagamit ang kanta bakit pipilitin? At, kung hindi nagkaintindihan e ano ang dahilan? Mahirap yatang paniwalaan na okay na pagkatapos ng uasapan tapos hindi naman pala okay. Hindi ba tipikal na administration move iyan?

    I understand na malamang na walang kinalaman si Gibo rito dahil pinagawa niya itong promong ito at nagbayad siya. Although, ngayon na alam na niya na may issue, kalilangan na kumilos siya na mabigyan linaw ito. Hindi ba magandang simula iyan sa taong tumatakbo sa pinakamataas na posisyon sa gobierno?

    Iyon nga lang, bata siya ni Glue, and you know Glue sets the example.

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