COPYRIGHT infringement, this awaits the Barangay and Sangguniang Kabataan (SK) candidates if they use superhero characters in their campaign posters.
Thus, lawyer Krisna Samantha Caballero, Commission on Elections (Comelec) 11 regional election attorney and spokesperson, reminded the candidates to refrain from using any characters that are protected by copyright law.
She said yesterday that aspiring barangay officials who are using campaign gimmicks might face legal cases.
“Remind lang namin ang mga candidates na pwede sila makasuhan ng copyright infringement,” she said.
She added that this matter is already beyond their authority.
“In Comelec, it is no longer within our authority to prohibit these kind of posters. Nakatutok lang po kami sa size at kung saan ikabit ang mga nasabi na election campaign materials or posters,” she said.
Copying original and intellectual creations is considered as copyright infringement and is punishable under Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines (“IP Code”).
Under Comelec regulation, the pamphlets, leaflets, decals, stickers, and other printed materials should measure not exceeding eight and one-half inches in width and 14 inches in length (8.5 in x 14 in) while posters and streamers, meanwhile, are limited to measurements of 2 feet by 3 feet and 3 feet by 8 feet, respectively (2 x 3 ft and 3 x 8 ft).
The campaign materials should also be placed in designated areas only.
The posters of candidates replacing the faces of Marvel superheroes have been making rounds in social media because of their creative approach.
However, these were met with mix reactions from the netizens.
James Jimenez, Comelec Central Office spokesperson, had earlier expressed his disappointment through his Twitter account on candidates using the characters of the blockbuster movie Avengers in their campaign posters.
“#BSKE2018 candidates who use campaign posters with their faces superimposed on the bodies of Avengers are dumbing down the elections. Paano yan? Kung sino na lang ang may pinaka-“cool” na poster, ganun?” Jimenez said.
“Ginagawa nyong bobo ang mga botante. Ma-copyright infringement sana kayo,” he added.
The campaign period started last May 4 and will end on May 12.