The Quezon City Prosecutors� Office has upheld GMA Network Inc.�s complaint that rival network ABS-CBN aired portions of one of its programs without its consent.
The network said eight of ABS-CBN�s staff working for the showbiz program The Buzz aired footage of its program Daisy Siete on February 13, 2005 without authorization.
Asst. City Prosecutor Vesta Victoria Giner-Villamayor recommended that the eight be charged for violation of the Intellectual Property Code.
But she cleared the network�s top executives, including Chairman and Chief Executive Eugenio Lopez III, President Luis Alejandro, Executive Vice-President Maria Rosario Santos-Concio, and Senior Vice-Ppresident Maria Socorro Vidanes of any liability.
�Despite [the] allegations against them, no clear evidence was presented that they indeed participated directly or indirectly in the actual airing of the subject footage,� Villamayor said.
Luis Andrada, The Buzz�s production manager, was similarly cleared because he was not yet an active member of the program�s production staff when the incident happened.
But the prosecutors recommended the indictment of executive producer Nancy Yabut, production manager Gia Nina Suyao, director Jonathan Diaz, supervising producer Roxy Liquigan, associate producer for technical matters Lani Gutierrez, associate producer Jenny Ingalia, head writer Romer Gonzales, and TV production head for talk and variety programs Roldeo Endrinal.
The eight argued that the showing of the Daisy Siete footage fell within the �reproduction� of artistic work as part of a report on current events, and that its airing was negligible since it lasted only 10 seconds.
�The position taken by the respondents do not sit well with said provisions [of the law],� Villamayor said in her resolution.
The arguments raised by the respondents were �evidentiary in nature� and best left for the court to evaluate during the trial of the case, she said.
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