A Filipino artist’s logo pitch for the 30th Southeast Asian Games he made last year after the government released what has been called the worst logo in the games’ history was used without his permission in a welcome banner for athletes.
Raphael Miguel shared that someone sent him a message on Facebook about the banner seen in San Juan City, as photographed by Reggie Vinluan.
“Someone messaged me about this on Facebook, taken in San Juan. I don’t know anything about this na haha. I just know na that’s my logo hehe,” he said in an online interview with Interaksyon.
The banner appeared to be used for welcoming athletes who will play at FilOil Flying V Center where basketball matches will be held.
Miguel’s design featured an interpretation of a bald eagle in the colors of the national flag. It could be seen on the left part of the banner.
The logo was a mockup that he conceptualized before when the official logo for the biennial multi-sport event was initially presented.
It previously sparked a debate among social media users when some of them pointed out that Miguel only used an existing vector or clip art and then modified it to create his own logo.
Whether he used clip art or not, he did not intend it to be used commercially.
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“I was just really shocked with the official one (logo). Just wanted to show how better logos can be made given enough time and resources,” Miguel told Interaksyon.
Miguel said in a Twitter thread that he was “never asked” about its usage in the welcome banner.
It is unknown whether the tarpaulin is still displayed in the supposed area or not.
Many social media users also urged him to file an official complaint since the incident violates copyright laws under the Intellectual Property Code.
“Uy check mo na IP Code, violation ‘yan, and they can’t rebut (you) by saying na (you) never registered (your) work since these days, copyright protection exists from the moment of creation sooo,” a Facebook user wrote.
Artwork’s copyright
The Intellectual Property Code of the Philippines states that original artworks’ copyrights are protected immediately at the moment of its creation.
Artworks include drawing, painting, architecture, sculpture, engraving, lithography and models or designs for works of art.
To reproduce or distribute such works, proper consent and authorization must be sought from the creator as the law allows him to have economic and moral rights over his creations.
Such rights ensure that their works cannot be exploited by other parties.
Economic rights pertain to the “right to remuneration for the reproduction, use, distribution, public display, rental and any form of communication of his work,” according to a law firm.
Moral rights are the “right of attribution, alteration, integrity of work, withholding of publication and the right to restrain the use of his name for a work not his.”