Wednesday, January 13, 2021

Joaquin, Jr. v. Drilon

G.R. No. 108946, January 28, 1999

Petitioner’s claim: 

Petitioner Francisco Joaquin, Jr., president of BJPI, saw on RPN Channel 9 an episode of It's a Date, which was produced by IXL Productions, Inc. (IXL). On July 18, 1991, he wrote a letter to private respondent Gabriel M. Zosa, president and general manager of IXL, informing Zosa that BJPI had a copyright to Rhoda and Me and demanding that IXL discontinue airing It's a Date.

Respondents’ claim: 

Franklin Drilon moved for the information to be discarded, contending that a particular format of a game show is non-copyrightable.

Issue: 

Whether the format or mechanics or petitioner’s television show is entitled to copyright protection.

Disposition of the case: 

The petition is hereby DISMISSED.

Dictum: 

The copyright does not extend to the general concept or format of its dating game show. Mere description by words of the general format of the two dating game shows is insufficient. A television show includes more than mere words can describe because it involves a whole spectrum of visuals and effects, video and audio, such that no similarity or dissimilarity may be found by merely describing the general copyright/format of both dating game shows.


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