Case #6: ABS-CBN Corporation vs. Felipe Gozon, Gilberto Duavit, Jr., et al.

No. 195956
March 11, 2015

Topic: Copyrightable Materials – News / Fair Use

Facts

The bone of contention in this case is the coverage by GMA-7’s coverage of the
homecoming of Filipino overseas worker and hostage Angelo dela Cruz on July 22,
2014, who was kidnapped by Iraqi militants and released upon the condition of the
withdrawal of Filipino troops in Iraq.

ABS-CBN conducted a live coverage and broadcast of the event as well as a

subsequent press conference. The news corporation had an embargo agreement with
Reuters (which the former allowed to air its footages) whereby no other Philippine
subscriber could use the footage without the latter’s consent.

Allegedly unaware of this agreement, GMA-7, upon receipt of the footage from Reuters,
immediately aired the same. Respondents contended that nobody in the news room
read the “No Access Philippines”, nor knew of the embargo in favor of ABS-CBN.

On August 13, 2004, ABS-CBN filed a complaint for copyright infringement under the
Intellectual Property Code.

Issue(s)

A) Whether a news video footage constitutes copyrightable material

B) Whether the principle of fair use is a valid defense in an infringement claim

Ruling

A) Yes. The Intellectual Property Code is clear about the rights afforded to authors
of various kinds of work. Under the Code, “works are protected by the sole fact of
their creation, irrespective of their mode or form of expression, as well as their
content, quality and purpose.”

It is true that under Section 175 of the Code, “news of the day and other
miscellaneous facts having the character of mere items of press information” are
considered unprotected subject matter. However, copyright law does not state
that expression of the news of the day, particularly when it underwent a creative
process, is not entitled to protection. Indeed, the idea or event must be
distinguished from the expression of that idea or event. To be precise, the act of
framing shots, using images, graphics, and sound effects, as well as the editing
process all involve no small measure of creative thinking and originality;
therefore, it is an expression that is copyrightable under the law.
B) Yes. Fair use is defined as a “privilege to use the copyrighted material in a
reasonable manner without the consent of the copyright owner or as copying the
theme or ideas rather than their expression.” Fair use is an exception to the
copyright owner’s monopoly of the use of the work to avoid stifling the very
creativity that the law is designed to foster.

Notwithstanding the provisions of Sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright.