ABS-CBN CORP v.

GOZON
their content, quality and purpose." These include
Topic: Intellectual Property Law; Copyright Infringement
"[a]udiovisual works and cinematographic works and works

produced by a process analogous to cinematography or any

FACTS:
process for making audiovisual recordings."

News or the event itself is not copyrightable. However, an

ABS-CBN conducted a live news coverage over the said
event can be captured and presented in a specific
event of the arrival of Angelo dela Cruz the Filipino
medium. As recognized by this court in Joaquin, television
kidnapped by Iraqi militants in the early 2000s
"involves a whole spectrum of visuals and effects, video and
ABS-CBN entered into an embargo agreement with Reuters
audio." News coverage in television involves framing
concerning the said footage
shots, using images, graphics, and sound effects. It
In the embargo agreement, ABS-CBN allowed Reuters to air
involves creative process and originality. Television news
the said footage under the following circumstances:
footage is an expression of the news.
o "Use of Reutersalsubscribersinternationonly,
News as expressed in a video footage is entitled to copyright
and shall be considered and treated by Reuters
protection. Broadcasting organizations have not only
under embargo against use by copyrightotheron butsubscribersalsoneighboringrights overintheir
the Philippines. . . . [N]o other Philippine subscriber
broadcasts. Copyrightability of a work is different from fair
of Reuters would be allowed to use ABS-CBN
use of a work for purposes of news reporting.
footage without "the latters consent.

GMA-7, in which Respondent Gozon is affiliated with, was also subscribed to Reuters and CNN received the video from Reuters which originally
came from ABS-CBN, and aired the said video on their news broadcast channels
Allegedly, GMA-7 did not receive any notice or was not aware that Reuters was airing footages of ABS-CBN, GMA-

7s news control room staff saw neither the "No Access

Philippines" notice nor a notice that the video feed was under embargo in favor of ABS-CBN.

Upon knowing this, ABS-CBN filed a case against GMA-7 for violating Sections 177 and 211 of the Intellectual Property Code.

ISSUE: Whether GMA-7 was guilty of copyright infringement

HELD:

YES

The news footage is copyrightable.