20th Century Fox Film v. Court of Appeals

G.R. Nos. 76649-51, August 19, 1988

Petitioner’s claim: 

Petitioner 20th Century Fox Film Corporation sought the assistance of the NBI in conducting searches and seizures in connection with the NBI’s anti-film piracy campaign. Petitioner alleged that certain videotape outlets all over Metro Manila are engaged in the unauthorized sale and renting out of copyrighted films in violation of PD No. 49 (the old Intellectual Property Law).

Respondents’ claim: 

Private respondents filed a motion to lift the search warrants and release the seized properties.

Issue: 

Whether or not presentation of the master tapes of the copyrighted films, from which the pirated films were allegedly copied, was necessary for the validity of search warrants against those who have in their possession the pirated films.

Disposition of the case: 

The petition is DISMISSED. The questioned decision and resolution of the Court of Appeals are AFFIRMED.

Dictum: 

The essence of a copyright infringement is the similarity or at least substantial similarity of the purported pirated works to the copyrighted work. Hence, the applicant must present to the court the copyrighted films to compare them with the purchased evidence of the video tapes allegedly pirated to determine whether the latter is an unauthorized reproduction of the former. This linkage of the copyrighted films to the pirated films must be established to satisfy the requirements of probable cause. Mere allegations as to the existence of the copyrighted films cannot serve as basis for the issuance of a search warrant.