G.R. No. 183709 - People vs. Pojo

Petitioner ABS-CBN Corporation holds exclusive copyright in its live audio-video coverage of the arrival of Filipino hostage Angelo dela Cruz at NAIA on July 22, 2004.
Respondents are seven officers and employees of GMA Network, Inc. (GMA-7): Felipe Gozon (President), Gilberto Duavit, Jr. (Exec. VP), Marissa L. Flores (VP for News & Public Affairs), Jessica A. Soho (News Director), Grace Dela PeAa-Reyes (Head of News & Public Affairs), John Oliver T. Manalastas (Program Manager), and other unnamed John/Jane Does.

ABS-CBN conducted live coverage and, under a special embargo agreement, supplied Reuters Television Service (Reuters) with footage embargoed “No Access Philippines,” prohibiting other Philippine subscribers from using it without ABS-CBN’s consent.
GMA-7, a subscriber to Reuters and CNN, received and immediately rebroadcast the live Reuters video feed (including ABS-CBN’s footage) in its “Flash Report” program without notice of any embargo or ownership restriction.

August 13, 2004: ABS-CBN filed a Complaint with the QC City Prosecutor for copyright infringement under Sections 177 and 211 of RA 8293.
December 3, 2004: QC Assistant City Prosecutor found probable cause only against Dela PeAa-Reyes and Manalastas; dismissed libel complaint by GMA-7.
December 17, 2004: Information filed in RTC-QC Branch 93 charging the two with willful infringement.
January 2005: Respondents petitioned DOJ Secretary Raul M. Gonzalez for review; trial court suspended arraignment for 60 days per Rule 116, Sec. 11(c).
August 1, 2005: Gonzalez Resolution dismissed the Information, holding good faith a valid defense. Both parties moved for reconsideration.
June 29, 2010: Acting DOJ Secretary Alberto C. Agra reversed Gonzalez, found probable cause to charge all six named officers/employees, and ordered the filing of an amended Information against Gozon, Duavit, Jr., Flores, Soho, Dela PeAa-Reyes, and Manalastas.
September 2, 2010: Respondents filed a petition for certiorari with the CA; CA issued TRO on September 13, 2010.
November 9, 2010: CA Decision granted certiorari, held Agra acted with grave abuse of discretion, set aside Agra Resolution, and reinstated Gonzalez Resolution withdrawing the Information.
ABS-CBN’s CA motion for reconsideration denied; October 2011: ABS-CBN filed Petition for Review on Certiorari before the Supreme Court.

Whether DOJ Acting Secretary Agra erred in jurisdiction and whether certiorari was the proper remedy.
Whether live news footage is copyrightable material under RA 8293.
Whether GMA-7’s use constitutes fair use or short-excerpt exception.
Whether lack of knowledge of copyright or good faith negates criminal liability.
Whether CA correctly overturned Agra’s finding of probable cause.

Did Acting Secretary Agra commit grave abuse of discretion in reversing Gonzalez?
Was certiorari the proper recourse without a second motion for reconsideration?

Does fair use or “short excerpts for reporting current events” apply to GMA-7’s five-second rebroadcast?
Can lack of knowledge or good faith be a defense in criminal infringement?

Was there probable cause warranting the filing of the Information?
Did the CA correctly hold that Agra acted without jurisdiction in ordering the Information?