MANILA, Philippines - ABS-CBN has filed a P127-million copyright infringement suit against estranged talent Willie Revillame, his company Wil Productions, Inc., and the president of his new home network, TV5's Ray Espinosa.
The Kapamilya network, through a 33-page complaint filed before the Makati Regional Trial Court on Nov. 24, claimed that the parties in question “deliberately and intentionally imitated ‘Wowowee,’” a top-rating noontime show which Revillame previously hosted on ABS-CBN, thereby violating section 172.2 of the Intellectual Property Code.
Section 172.2, under Chapter Two of the IPC’s Law on Copyright, states that “works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose.”
These “works” are defined under section 172.1 as “original intellectual creations in the literary and artistic domain protected from the moment of their creation.”
ABS-CBN claimed that they own the copyright of “Wowowee” since they are the producer of the said show.
Revillame is currently hosting a variety-game show on TV5 called “Willing Willie,” which, ABS-CBN alleges, is "undeniably a copycat of Wowowee,” thus “[stealing] the goodwill that ‘Wowowee’ has built over the past 5 years of airing in ABS-CBN."
The network enumerated in the same complaint, the portions on “Willing Willie” which allegedly bear striking similarities to “Wowowee.”
These include the production number done at the beginning of the show; segments called “Big Time Ka” and “Willtime Bigtime” which are allegedly similar with “Wowowee”’s “Biga-Ten” and “Willie of Fortune,” respectively; “Willing Willie” dancers and other characters who previously appeared on “Wowowee”; and even lighting, camera angles, studio audience seat layout, stage and set design.
The TV host had also signed a contract with ABS-CBN which they stated includes the following statement:
“Talents acknowledge that ABS-CBN is the sole and exclusive owner of the copyright of its shows in which he/she is to appear and that he/she waives or assigns, whatever moral or other intellectual property rights he/she may have in the show.”
TV5’s continuous airing of “infringing work ‘Willing Willie,’” the Kapamilya station added, “has caused and continues to cause irreparable damage to ABS-CBN.”
Apart from the copyright infringement case, ABS-CBN also asked, for the third time, the court for a Temporary Restraining Order (TRO) and/or a Writ of Injunction to stop the production and airing of “Willing Willie.”
The Quezon City Regional Trail Court, under the sala of Judge Luisito Cortez, as well as the Court of Appeals, have dismissed the previous TROs that the network sought.
0 comments:
Post a Comment