MANILA, Philippines—The Quezon City prosecutors’ office has charged eight staff members of an ABS-CBN showbiz talk show for allegedly violating copyright laws after using footage of a GMA 7 soap opera without the network’s consent.
In a resolution dated 2008 but released only early this month, eight production staff of showbiz talk show “The Buzz” were charged in court for violating the Republic Act 8293 or the Intellectual Property Code.
Named in the indictment were Nancy Yabut, executive producer; Gia Nina Suyao, production manager; Jonathan Diaz, director; and Roxy Liquigan, supervising producer and creative consultant.
Assistant City Prosecutor Vesta Victoria Villamor indicted the ABS-CBN employees on charges of violation of Section 177 and 211 of the Intellectual Property Code.
Also charged were Lani Gutierrez, associate producer for technical matters; Jenny Ingalia, associate producer; Romer Gonzales, head writer and Roldeo Endrinal, reportedly of the show’s executive management.
Villamor said in her six-page resolution that she found probable cause to charge them in court as there was no merit to their defense of ignorance.
She, however, dismissed the case against ABS-CBN executives Eugenio Lopez III, Luis Alejandro, Ma. Rosario Santos-Concio and Ma. Socorro Vidanes for insufficiency of evidence.
Villamor, in indicting the eight staff members of “The Buzz,” noted that each episode was a product of their meeting and brainstorming, and that there was no merit to their defense of ignorance.
“Human experience and logic would dictate that these respondents who are experienced employees in the field of broadcasting knew beforehand that a news item about Jopay Paguia would be tackled in their program. This fact should have put them on guard instead of making it appear that they were ignorant of the intended airing of the footage of “Daisy Siete” without the consent and authority of FOCUS or GMA.”
Ms. Paguia is a mainstay of GMA-7 afternoon program, “Daisy Siete.”
The assistant prosecutor recommended a bail of P6,000 each for the respondents’ provisional liberty.
The case has then been raffled to Regional Trial Court Branch 90.
The case stemmed from a complaint filed by GMA Network Inc through its counsel Dick Perez, and Focus Entertainment, Inc., which produced the soap opera “Daisy Siete.”
The two entities claimed that the unauthorized airing of footages from “Daisy Siete” happened during the Feb. 13, 2005 broadcast of “The Buzz.”
In their complaint, GMA 7 and Focus alleged that the portion included in “The Buzz’s” opening billboard or OBB was the scene of Jopay Paguia walking beside and mounting a jeepney while holding a yellow flower with the text “Jopay Paguia” at the bottom of the screen.
The afternoon soap opera features the Sexbomb dancers, of which Paguia is a member.
The rival of ABS-CBN, GMA 7 claimed that the respondents allegedly used the footage after rumors circulated that Paguia was quitting the group.
In their defense, the respondents maintained they didn’t violate any copyright laws as the airing of the footage was just for a few seconds and was intended as part of a report on current events.
They added that under the Intellectual Property Code’s Article 185, the reproduction of a material has been allowed under the “Fair Use” principle.
Julie M. Aurelio
Philippine Daily Inquirer
03/16/2011
