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variation from the older works. In such a case, ofcourse,onlythosepartswhicharenewareprotected by the new copyright. Hence, in such acase, there is no case of infringement. Juan Xavier is
INTELLECTUAL PROPERTY LAWUN I V E R S I T Y O FSA N T OTO M A SFacultaddeDerechoCivilACADEMICSCHAIR:LESTERJAYALANE. FLORESIIVICECHAIRSFORACADEMICS:KARENJOYG. SABUGO& JOHNHENRYC. MENDOZAVICECHAIR FORADMINISTRATION ANDFINANCE: JEANELLEC. LEEVICECHAIRS FORLAYOUTANDDESIGN:EARLLOUIEM. MASACAYAN& THEENAC. MARTINEZno less an author because others have precededhim.C. NONCOPYRIGHTABLE WORKSQ: What are the subjects not protected?A:1.Idea,procedure,system,methodoroperation, concept, principle, discoveryor mere data as such2.News of the day and otheritems ofpress information3.Anyofficialtextofalegislative,administrative or legal nature, as well asany official translation thereof4.Pleadings5.Decisions of courts and tribunals thisrefers to original decisions and not toannotated decisions such as the SCRAor SCAD as these already fall under theclassification of derivative works, hencecopyrightable6.Any work of the Government of thePhilippinesGR:Conditionsimposedpriortheapproval of the government agency oroffice wherein the work is created shallbe necessary for exploitation of suchwork for profit. Such agency or office,may, among other things, impose ascondition the payment of royalties.XPN:No prior approval or conditionsshall be required for the use of anypurposeofstatutes,rulesandregulations,andspeeches,lectures,sermons, addresses, and dissertations,pronounced, read, or rendered in courtsofjustice,beforeadministrationagencies, in deliberative assemblies andin meetings of public character.(Section176, IPC)7.TV programs, format of TV programs(Joaquin v. Drilon, G.R. No. 108946, Jan.28, 1999)8.Systems of bookkeeping; and9.Statutes.Q:BJProductions,Inc.(BJPI)istheholder/granteeofacopyrightofRhoda andMe, a dating game show aired from 1970 to1977. Subsequently, however, RPN aired thegame show It s a Date , which was produced byIXLProductions,Inc.(IXL).Assuch,aninformation for copyright infringement was filedagainst RPN. The DOJ Secretary directed theprosecutortodismissthecaseforlackofprobable cause. Was the decision of the DOJSecretary correct?A:Yes, the format of a show is not copyrightable.The copyright law enumerates the classes of workentitled to copyright protection.The format ormechanics of a television show is not included inthe list of protected works. For this reason, theprotectionaffordedbythelawcannotbeextended to cover them. Copyright, in the strictsense of the term, is purely a statutory right. It isaneworindependentrightgrantedbythestatute,andnotsimplyapreexistingrightregulated by the statute. Being a statutory grant,the rights are only such as the statute confers,and may be obtained and enjoyed only withrespect to the subjects and by the persons, andon terms and conditions specified in the statute.