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    Francisco Joaquin Vs Hon. Franklin Drilon

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    Fer Grace AniñonAcabalcuid Cataylo
    1) Petitioner BJ Productions held the copyright to the dating game show "Rhoda and Me" which aired from 1970-1977. They alleged that the show "It's a Date" violated their copyright by copying the format and style. 2) The Secretary of Justice dismissed the case, finding that the format and mechanics of a television show are not entitled to copyright protection under Philippine law. 3) The Supreme Court upheld this decision, noting that copyright is a statutory right that only protects the specifically enumerated classes of work. The format or concept of a television show is not on the list and thus not protected. Audio-visual recordings of episodes could be protected but not the general format.

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    Francisco Joaquin Vs Hon. Franklin Drilon

    Uploaded by

    Fer Grace AniñonAcabalcuid Cataylo
    1K views2 pages
    1) Petitioner BJ Productions held the copyright to the dating game show "Rhoda and Me" which aired from 1970-1977. They alleged that the show "It's a Date" violated their copyright by copying the format and style. 2) The Secretary of Justice dismissed the case, finding that the format and mechanics of a television show are not entitled to copyright protection under Philippine law. 3) The Supreme Court upheld this decision, noting that copyright is a statutory right that only protects the specifically enumerated classes of work. The format or concept of a television show is not on the list and thus not protected. Audio-visual recordings of episodes could be protected but not the general format.

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    francisco joaquin vs hon. franklin drilon

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    1) Petitioner BJ Productions held the copyright to the dating game show "Rhoda and Me" which aired from 1970-1977. They alleged that the show "It's a Date" violated their copyright by copying the format and style. 2) The Secretary of Justice dismissed the case, finding that the format and mechanics of a television show are not entitled to copyright protection under Philippine law. 3) The Supreme Court upheld this decision, noting that copyright is a statutory right that only protects the specifically enumerated classes of work. The format or concept of a television show is not on the list and thus not protected. Audio-visual recordings of episodes could be protected but not the general format.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Francisco Joaquin Vs Hon. Franklin Drilon

    Uploaded by

    Fer Grace AniñonAcabalcuid Cataylo
    1) Petitioner BJ Productions held the copyright to the dating game show "Rhoda and Me" which aired from 1970-1977. They alleged that the show "It's a Date" violated their copyright by copying the format and style. 2) The Secretary of Justice dismissed the case, finding that the format and mechanics of a television show are not entitled to copyright protection under Philippine law. 3) The Supreme Court upheld this decision, noting that copyright is a statutory right that only protects the specifically enumerated classes of work. The format or concept of a television show is not on the list and thus not protected. Audio-visual recordings of episodes could be protected but not the general format.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    FER GRACE CATAYLO NIAGA JD I

    FRANCISCO G. JOAQUIN, JR., and BJ PRODUCTIONS, INC vs


    HONORABLE FRANKLIN DRILON, GABRIEL ZOSA, WILLIAM
    ESPOSO, FELIPE MEDINA, JR., and CASEY FRANCISCO
    (GR No. 108946, JANUARY 28, 1999)

    FACTS:
    Petitioner BJ Productions, Inc. (BJPI) is the holder / grantee of
    Certificate of Copyright No. M922, dated January 28, 1971, of Rhoda and
    Me, a dating game show aired from 1970 to 1977. On June 28, 1973,
    petitioner BJPI submitted to the National Library an addendum to its
    certificate of copyright specifying the show’s format and style of
    presentation.
    Upon complaint of petitioners, information for violation of PD No.
    49 was filed against private respondent Zosa together with certain officers of
    RPN 9 for airing It’s a Date. It was assigned to Branch 104 of RTC Quezon
    City. Zosa sought review of the resolution of the Assistant City Prosecutor
    before the Department of Justice.
    On August 12, 1992, respondent Secretary of Justice Franklin M.
    Drilon reversed the Assistant City Prosecutor’s findings and directed him to
    move for the dismissal of the case against private respondents.
    Petitioner Joaquin filed motion for reconsideration but such was
    denied.
    ISSUE:
    Whether or not the format or mechanics or petitioner’s television
    show is entitled to copyright protection?
    RULING:
    The Court ruled that the format of the show is not copyrightable. Sec.
    2 of PD No. 49, otherwise known as the Decree on Intellectual Property,
    enumerates the classes of work entitled to copyright protection. The
    provision is substantially the same as Sec. 172 of the Intellectual Property
    Code of the Philippines (RA 8293). The format or mechanics of a television
    show is not included in the list of protected works in Sec. 2 of PD No. 49.
    For this reason, the protection afforded by the law cannot be extended to
    cover them.
    Copyright, in the strict sense of the term, is purely a statutory right. It
    is a new independent right granted by the statute and not simply a pre-
    existing right regulated by the statute. Being a statutory grant, the rights are
    only such as the statute confers, and may be obtained and enjoyed only with
    respect to the subjects and by the person and on terms and conditions
    specified in the statute.
    The Court is of the opinion that petitioner BJPI’s copyright covers
    audio-visual recordings of each episode of Rhoda and Me, as falling within
    the class of works mentioned in PD 49. The copyright does not extend to the
    general concept or format of its dating game show. Mere description by
    words of the general format of the two dating game shows is insufficient; the
    presentation of the master videotape in evidence was indispensable to the
    determination of the existence of a probable cause.
    A television show includes more than mere words can describe
    because it involves a whole spectrum of visuals and effects, video and audio,
    such that no similarity or dissimilarity may be found by merely describing
    the general copyright / format of both dating game shows.

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