Vinícius Poit, candidate for the government of São Paulo for the Novo party, used in his electoral campaign the hit “Pipoco”, by Ana Castela, who leads Spotify’s list of the 50 most listened to songs in Brazil. The chorus of the altered song says: “Get ready / Everything is possible for those who want to change / The way it is, you can’t stay / Vinícius Poit to rule you, Vinícius Poit to rule you”.
Through her advice, Ana Castela stated that splash that the authors were not consulted and the use of the hit was made without authorization. But can candidates do this?
Vinícius Poit claimed that, as it is a modified version, yes. “We only made a satire, or parody, of the song ‘Pipoco’. The STJ already decided on that back there and it is not necessary to request authorization from the owner of the work. The candidate also informed that the voice in the jingle is not Ana’s.
Another candidate in São Paulo who chose a famous song to be his jingle was Tarcísio de Freitas, from Republicanos. In the case of the former Minister of Infrastructure in the Bolsonaro government, a consultation was made with the interpreter of “Me Leva”, the Latin singer, who endorsed the use.
Experts interviewed by Splash corroborate the candidate’s thesis
“The Copyright law guarantees that parodies constitute a legitimate manifestation of freedom of expression, which is protected by our Federal Constitution. However, there is a need for the due credits of the original work to be granted. electoral campaigns fall under this regulation, as long as the rules of the pertinent legislation are being respected”, says lawyer Danielle Moura.
Lawyer Fátima Cristina Pires Miranda, a specialist in Political and Electoral Law, a partner at Vilela, Miranda e Aguiar Fernandes Advogados, also stresses that “there is no prohibition in electoral legislation on the use of parodies in election campaign jingles”.
“As stated in the legal provision, parody cannot be limited to reproducing the original work, thus requiring creativity on the part of the one who makes the parody, as parody that implies discredit is also prohibited, that is, one that depreciates , ridicules, affects the honor of the author of the work”, he adds.
But can associating the image of an artist with a political candidate be seen as something negative? Also according to Fátima Cristina, it depends on the evaluation in trial. “It is up to the Judiciary to analyze whether the association of a song or an artist with a candidate can, or not, be considered discredit. explains the lawyer.