Francisco Joaquin vs Franklin Drilon GR No. 108946, January 28, 1999

Facts:

BJ Productions, Inc (BJPI) is a holder of a Certificate of Copyright no. M922 issued on January 28, 1971 of “Rhoda and Me” which is a dating show aired from 1970 to 1977. It submitted to the National Library an addendum its certificate of copyright specifying the show’s format and style of presentation. While watching the television, its President, Francisco Joaquin saw on RPN Channel 9 the episode on “It’s a Date” produced by IXL Productions. He wrote a letter to IXL’s president Gabriel Zosa informing him that BJPI has a copyright of the same format as shown on their “It’s a Date” show in their “Rhoda and Me” show. Zosa sought to register IXL’s copyright to their first episode of “It’s a Date” to the National Library. Petitioner filed a complaint in violation of PD No. 49 against the respondent before the RTC of Quezon City. Respondent sought a review of the resolution from the Asst. City Prosecutor before the Department of Justice.

Sec. of Justice Franklin Drilon directed to move for dismissal of the case against the respondents and denied the petitioner’s motion for reconsideration hence this petition before the Supreme Court.




Issue:

Whether or not the format or mechanics of the petitioner’s television show is entitled to a copyright protection.

Ruling:

The Supreme Court held that the format of a show is not copyrightable as provided by Section 2 of PD no. 49 otherwise known as the Decree on Intellectual Property which enumerates the classes of work that are covered by the copyright protection. Similarly, RA 8293, the Intellectual Property Code of the Philippines provides that format or mechanics of a television show is not included in the list of the protected work by the copyright law of the Philippines. PD 49 enumerates the works subject to copyright protection which refers to finished works and not on concepts. It does not extend to an idea, procedure, process, system, method or operation, concept, principles or discovery regardless of the form to which it is described, explained, and illustrated or embodied in the work.