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    Format Rights: TORRES, Ma. Rafaella Ruth A. 4B Assignment No. 2

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    Rafaella Torres
    The document discusses format rights over television show formats. It analyzes the case of Francisco Joaquin Jr. vs. Franklin Drilon where one dating show was alleged to have copied the format of another. The document explains that television formats are not copyrightable as works under intellectual property law since they do not fall under the classification of artistic or literary works.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Format Rights: TORRES, Ma. Rafaella Ruth A. 4B Assignment No. 2

    Uploaded by

    Rafaella Torres
    954 views3 pages
    The document discusses format rights over television show formats. It analyzes the case of Francisco Joaquin Jr. vs. Franklin Drilon where one dating show was alleged to have copied the format of another. The document explains that television formats are not copyrightable as works under intellectual property law since they do not fall under the classification of artistic or literary works.

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    dddd dyg ibdv

    Original Title

    Format 222

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    The document discusses format rights over television show formats. It analyzes the case of Francisco Joaquin Jr. vs. Franklin Drilon where one dating show was alleged to have copied the format of another. The document explains that television formats are not copyrightable as works under intellectual property law since they do not fall under the classification of artistic or literary works.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    954 views3 pages

    Format Rights: TORRES, Ma. Rafaella Ruth A. 4B Assignment No. 2

    Uploaded by

    Rafaella Torres
    The document discusses format rights over television show formats. It analyzes the case of Francisco Joaquin Jr. vs. Franklin Drilon where one dating show was alleged to have copied the format of another. The document explains that television formats are not copyrightable as works under intellectual property law since they do not fall under the classification of artistic or literary works.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Format rights refer to rights over television show formats. Television formats are generally not considered copyrightable works under Philippine law.

    The case of Francisco Joaquin Jr. vs. Franklin Drilon established that format rights refer to rights over television formats. In this case, BJ Productions sued IXL Productions for allegedly copying the format of their dating show.

    Examples of formats that can be protected include game show formats, television scenes formats, and dating game formats.

    TORRES, Ma. Rafaella Ruth A.

    4B
    Assignment No. 2

    Format Rights

    Format rights refer to rights over television show formats. This


    is illustrated in the case of Francisco Joaquin Jr. vs. Franklin Drilon,
    G.R. No. 108946, January 28, 1999, where BJ Productions’ president
    Francisco Joaquin (Joaquin) sued IXL Productions and its president
    Gabriel Zosa (Zosa) for allegedly copying the format of his dating
    show. Zosa’s dating show was named “It’s a Date” which allegedly
    copied the exact idea and format of the show “Rhoda and Me”.
    Joaquin then moved to recover damages from Zosa for infringing
    Joaqins copyright over such format.

    Format rights, in a broader sense, refer to rights over television


    formats. An example of these rights, among many, is game show
    formats, television scenes format, or dating game formats. It was held
    in the case cited that television formats are not copyrightable
    because as provided for by the Intellectual Property Code, a
    “Copyright” is the legal protection extended to the owner of the rights
    in an original work. Original Work refers to every production in the
    literary, scientific and artistic domains. Since television formats do not
    fall under the classification of artistic and literary works, it is not
    subject to copyright; hence Joaquin’s Certificate of Copyright over
    such television format is not valid. Since such is not valid, it does not
    create Intellectual Property Rights and a right to sue for damages for
    the infringement of such copyright will not prosper.

    Section 2 of P.D. No. 49, otherwise known as the DECREE ON


    INTELLECTUAL PROPERTY, enumerates the classes of work
    entitled to copyright protection, to wit:

    Section 2. The rights granted by this Decree shall, from the moment
    of creation, subsist with respect to any of the following classes of
    works:
    (A) Books, including composite and cyclopedic works, manuscripts,
    directories, and gazetteers;
    TORRES, Ma. Rafaella Ruth A.
    4B
    Assignment No. 2

    (B) Periodicals, including pamphlets and newspapers;


    (C) Lectures, sermons, addresses, dissertations prepared for oral
    delivery;
    (D) Letters;
    (E) Dramatic or dramatico-musical compositions; choreographic
    works and entertainments in dumb shows, the acting form of which is
    fixed in writing or otherwise;
    (F) Musical compositions, with or without words;
    (G) Works of drawing, painting, architecture, sculpture, engraving,
    lithography, and other works of art; models or designs for works of
    art;
    (H) Reproductions of a work of art;
    (I) Original ornamental designs or models for articles of manufacture,
    whether or not patentable, and other works of applied art;
    (J) Maps, plans, sketches, and charts;
    (K) Drawings or plastic works of a scientific or technical character;
    (L) Photographic works and works produced by a process analogous
    to photography; lantern slides;
    (M) Cinematographic works and works produced by a process
    analogous to cinematography or any process for making audio-visual
    recordings;
    (N) Computer programs;
    (O) Prints, pictorial illustrations advertising copies, labels, tags, and
    box wraps;
    (P) Dramatizations, translations, adaptations, abridgements,
    arrangements and other alterations of literary, musical or artistic
    works or of works of the Philippine government as herein defined,
    which shall be protected as provided in Section 8 of this Decree.
    (Q) Collections of literary, scholarly, or artistic works or of works
    referred to in Section 9 of this Decree which by reason of the
    selection and arrangement of their contents constitute intellectual
    creations, the same to be protected as such in accordance with
    Section 8 of this Decree.
    (R) Other literary, scholarly, scientific and artistic works.

    The format or mechanics of a television show is not included in


    the list of protected works in P.D. No. 49.
    TORRES, Ma. Rafaella Ruth A.
    4B
    Assignment No. 2

    WORD COUNT: 568

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