Case Digest (G.R. No. 195956)
Facts:
ABS‑CBN Corporation v. Felipe Gozon et al., G.R. No. 195956, March 11, 2015, Second Division, Leonen, J., writing for the Court. Petitioner ABS‑CBN Corporation filed a complaint for copyright infringement under Sections 177 and 211 of the Intellectual Property Code (Republic Act No. 8293) against officers and employees of GMA Network, Inc. — Felipe Gozon, Gilberto R. Duavit, Jr., Marissa L. Flores, Jessica A. Soho, Grace Dela Pena‑Reyes, John Oliver T. Manalastas, and others — arising from GMA‑7’s use of footage of Angelo dela Cruz’s July 22, 2004 airport arrival that ABS‑CBN had provided to Reuters under an embargo.On August 13, 2004 ABS‑CBN filed the complaint. The Quezon City Assistant City Prosecutor issued, on December 3, 2004, a resolution finding probable cause against only Dela Pena‑Reyes and Manalastas; an Information was filed December 17, 2004. Respondents sought review with the Department of Justice (DOJ). On August 1, 2005 DOJ Secretary Raul M. Gonzalez (the Gonzalez Resolution) granted respondents’ petition for review and ordered withdrawal of the Information. The trial court had earlier suspended arraignment for 60 days under Rule 116, Sec. 11(c).
ABS‑CBN moved for reconsideration; on June 29, 2010 Acting DOJ Secretary Alberto Agra (the Agra Resolution) reversed Gonzalez, found probable cause to charge Dela Pena‑Reyes and Manalastas and to include Gozon, Duavit, Flores and Soho, and ordered filing of the Information against all. Respondents filed a petition for certiorari with the Court of Appeals (CA); the CA issued a TRO and on November 9, 2010 granted the petition, holding Secretary Agra acted with error of jurisdiction and reinstating the August 1, 2005 DOJ resolution. ABS‑CBN’s motion for reconsideration in the CA was denied, and ABS‑CBN sought review in this Court by petition for review on certiorari.
The issues presented included: whether Secretary Agra exceeded jurisdiction (and whether certiorari was proper), whether television news footag...(Subscriber-Only)
Issues:
- Was Secretary Agra’s June 29, 2010 Resolution an act in excess of jurisdiction amounting to grave abuse of discretion such that a petition for certiorari was the proper remedy?
- Is television news footage (the Angelo dela Cruz video) copyrightable under the Intellectual Property Code?
- Did GMA‑7’s use of ABS‑CBN’s footage qualify as fair use under Section 185 (and the limitations in Section 212) of the Intellectual Property Code?
- Can lack of knowledge that material is copyrighted negate probable cause for criminal copyright infringement?
- Is good faith a defense to criminal prosecution for copyright (and neighboring/broadcasting) infringement under the Intellectual Property Code?
- Did the Court o...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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