COPYRIGHT
First issue: plagiarism
SECOND ISSUE:
Bayanihan Music Phils., Inc. vs. BMG Records
G.R. No. 166337, March 7, 2005
Facts
Jose Mari Chan (Chan) entered into a contract with
Bayanihan Music Philippines, Inc. (Bayanihan),
whereunder the former assigned to the latter all his
rights, interests and participation over his musical
composition "Can We Just Stop and Talk A While".
Three years after the parties entered into a similar
contract over Chan's other musical composition entitled
"Afraid For Love To Fade".
On the strength of the abovementioned contracts,
Bayanihan applied for and was granted by the National
Library a Certificate of
Copyright Registration for each of the two musical
compositions.Apparently, without the knowledge and
consent of petitioner Bayanihan, Chan authorized BMG
Records (BMG) to record and distribute the
aforementioned musical compositions in a then recently
released album of singer Lea Salonga.
Bayanihan informed Chan and BMG of its existing
copyrights over the subject musical compositions and
the alleged violation of such right by the two. Demands
were made on both to settle the matter with Bayanihan.
However no settlement was reached by the parties.
Hence, Bayanihan filed a against Chan and BMG for
violation of Section 216 of Republic Act No. 8293,
otherwise known as the Intellectual Property Code of the
Philippines, with a prayer for the issuance of Temporary
Restraining Order (TRO) and/or writ of preliminary
injunction, enjoining respondent BMG from further
recording and distributing the subject musical
compositions in whatever form of musical products, and
Chan from further granting any authority to record and
distribute the same musical compositions.
BMG Arguments:
(1) the acts of recording and publication sought to be
enjoined had already been consummated, thereby
rendering moot Bayanihan's prayer for TRO and/or
preliminary injunction;
(2) there is no clear showing that petitioner
Bayanihan would be greatly damaged by the refusal of
the prayed for TRO and/or preliminary injunction.
Chan Arguments:
(1) it was never his intention to divest himself of all
his rights and interest over the musical compositions in
question;
(2) the contracts he entered into with Bayanihan are
mere music publication agreements giving Bayanihan, as
assignee, the power to administer his copyright over his
two songs and to act as the exclusive publisher thereof;
(3) he was not cognizant of the application made by
and the subsequent grant of copyrights to Bayanihan;
(4) Bayanihan was remissed in its obligations under
the contracts because it failed to effectively advertise his
musical compositions for almost twenty (20) years,
hence, he caused the rescission of said contracts in 1997.
Issues
Whether or not Bayanihan as assignee of the copyrights
over the musical compositions in question has a clear
legal right to a writ of preliminary injunction?
Held
No, Bayanihan has no right for right for injunction over
the subject musical compositions.
The issuance of an injunctive writ if the following
requisites provided for by law are:
(1) there must be a right in esse or the existence of
a right to be protected;
(2) the act against which the injunction is to be
directed is a violation of such right, the trial court threaded
the correct path in denying petitioner's prayer therefor.
Chan, the composer and author of the lyrics of the two
(2) songs, is protected by the mere fact alone that he is
the creator thereof, conformably with Republic Act No.
8293, otherwise known as the Intellectual Property
Code, Section 172.2 of which reads:
172.2. 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.
The copyrights obtained by Bayanihan on the basis of
the selfsame two (2) contracts, suffice it to say 'that such
purported copyrights are not presumed to subsist in
accordance with Section 218[a] and [b], of the
Intellectual Property Code, because respondent Chan
had put in issue the existence thereof.