CA denies ABS-CBN appeal in copyright case vs GMA Network

The Court of Appeals has denied ABS-CBN Broadcasting Corporation's motion for reconsideration seeking the reversal of its ruling favoring GMA Network in a copyright infringement case in 2004. In a resolution promulgated last March 3, the appellate court's Fourth Division said it found "no compelling justification or valid reason to modify, alter, much less, reverse" its Nov. 9, 2010 ruling that said GMA did not commit copyright infringement in the airing of the homecoming video of Angelo dela Cruz, an overseas worker kidnapped in Iraq. Associate Justice Josefina Guevara-Salonga penned the resolution, with the concurrence of Associate Justices Mariflor Punzalan-Castillo and Franchito Diamante. GMA News Online was still contacting ABS-CBN corporate communications head Bong Osorio for his comment as of posting time. The case stemmed from the allegedly unauthorized airing of a footage showing Dela Cruz's arrival at the Ninoy Aquino International Airport (NAIA) over GMA's newscast on July 22, 2004. Both GMA and ABS-CBN deployed news teams on-site to cover the arrival of Dela Cruz. ABS-CBN claimed that GMA "stole" its live feed, which was actually taken from Reuters Television Service (Reuters), where GMA had a subscription contract for videos. On Aug. 1, 2005, former Justice Secretary Raul Gonzalez ruled in favor of GMA and said that "the airing of Dela Cruz's homecoming was done in good faith and cannot be regarded infringement of copyrights." But on June 29, 2010, then Justice Secretary Alberto Agra reversed his predecessor's resolution and ordered the filing of a criminal case against GMA officers for violation of the Intellectual Property Code of the Philippines, or Republic Act No. 8293. GMA Network later questioned Agra's resolution before the Court of Appeals. On Nov. 9, 2010, the CA's Fourth Division reversed the Agra resolution and reinstated the Gonzalez resolution in 2005. The CA said there was no probable cause to charge GMA executives, namely, Chairman and CEO Atty. Felipe L. Gozon, then EVP and now President and COO Gilberto R. Duavit Jr., SVP for News and Public Affairs Marissa L. Flores, VP for News Programs Jessica Soho, AVP for News Operations Grace Dela Peña-Reyes, and then News Program Manager John Manalastas. New CA ruling In its resolution last March 3, 2011, the appellate court maintained that GMA "cannot be held legally liable for copyright infringement." "While private respondent [ABS-CBN] has a copyright of its news coverage, it is however an admitted fact that petitioner [GMA] had only aired a five-second footage of the disputed live video feed that it had received from Reuters and CNN as a subscriber," said the CA. "As such, it had no notice of the right of ownership of private respondent [ABS-CBN] over the same. Without notice of 'No Access Philippines' restriction of the live video feed, petitioner [GMA] cannot be faulted for airing a live video feed from Reuters and CNN," it added. It was for these reasons, the CA held, that GMA should be exculpated from any criminal liability under the Intellectual Property Code. It then said that ABS-CBN's "instant motion is hereby denied." The CA's recent ruling can be deemed final and executory because second motions for reconsideration are prohibited pleadings. Section 5, Rule 37 of the Rules of Court provides the restriction. "No party shall be allowed a second motion for reconsideration of a judgment or final order," the rule states. — RSJ/KBK, GMA News