ABC-CBN v. PMMSI, Jan.

19, 2009

Facts

ABS-CBN filed a complaint with the Intellectual Property Office (IPO) against PMSI, alleging that PMSI's
unauthorized rebroadcasting of Channels 2 and 23 infringed on ABS-CBN's broadcasting rights and copyright.
The IPO issued a decision finding PMSI guilty of infringement and ordering them to cease rebroadcasting the
channels. PMSI appealed to the Office of the Director-General of the IPO, which granted their appeal. ABS-CBN
then filed a petition for review with the Court of Appeals, but the court sustained the IPO's findings and
dismissed ABS-CBN's petitions. ABS-CBN argues that PMSI's rebroadcasting is an infringement, while
respondents claim that it is permitted under Memorandum Circular No. 04-08-88 and the must-carry rule is a
valid exercise of police power.

Issues:
PMSI violated its broadcaster's rights under Section 211 of the IP Code

Ruling:

ABS-CBN's claim that PMSI violated its broadcasting rights and copyright has been deemed without merit. The
Director-General of the IPO correctly determined that PMSI is not engaged in rebroadcasting and therefore has
not infringed ABS-CBN's rights. PMSI, as a satellite-based DTH television service, does not originate or claim to
originate the programs broadcasted by ABS-CBN. Instead, PMSI simply carries the existing signals of ABS-CBN,
without altering them, for its subscribers to view. PMSI does not produce, select, or present the programs on
Channels 2 and 23, nor does it pass itself off as the origin or author of such programs. As a result, PMSI cannot
be considered to be engaged in rebroadcasting Channels 2 and 23 or infringing ABS-CBN's broadcasting rights
and copyright.