CA Dismisses Copyright Complaint Vs. Willie Revillame

The Court of Appeals (CA) has dismissed a copyright infringement case media giant ABS-CBN filed against former talent Willie Revillame, ABC Development Corporation and its president Ray Espinosa, and Wilproductions Inc. before a Makati City trial court in connection with "striking similarities" between Revillame's now-defunct show "Wowowee" with ABS-CBN and his subsequent game show "Willing Willie" with ABC.

In a 16-page decision by the Former First Division promulgated on September 5, 2011 and penned by Associate Justice Japar Dimaampao, the appellate court said "ABS-CBN is guilty of forum shopping having filed two cases based on the same cause of action" even as reliefs it prayed for were "divergent."

On August 10, 2010, then ABS-CBN talent Revillame, host of "Wowowee," filed a Complaint for Judicial Confirmation of Rescission of his Talent Agreement with ABS-CBN with the Quezon City Regional Trial Court (RTC) Branch 84 after "the harmonious relationship between Revillame and ABS-CBN turned sour prompting the host to leave his home studio."

The court noted that ABS-CBN, in opposing Revillame's complaint, asked the trial court to issue a Temporary Restraining Order (TRO) or an injunctive writ to prohibit Revillame "from creating or performing work similar to the work under the Talent Agreement; engaging in activities which were adverse to the interests of ABS-CBN; and, appearing or permitting his name, voice or likeness to be used, directly or indirectly to promote any product or service in print, radio or television or any form of advertisements, in direct competition with ABS-CBN."

More than three months after Revillame filed his complaint before the QC RTC, ABS-CBN filed with the Makati City RTC Branch 66 the complaint for Infringement of Copyright Under Section 172.1 of the Intellectual Property Code against Revillame, et al., asking for damages and issuance injunctive relief to prevent the showing/airing of "Willing Willie."

ABS-CBN alleged that each segment of the defunct "Wowowee" was "reproduced" in "Willing Willie" namely: 1) introduction of the host by one "DJ Coki," 2) dance number of Revillame, 3) "Biga-ten" segment named as "Bigtime Ka," and 4) "Willie of Fortune" was repackaged as "Willtime Bigtime."

ABS-CBN also claimed that "the look and feel of the new show was strikingly similar to the previous one" from set design, stage, studio viewers' layout, sequencing, blocking, and camera angles.

Forum shopping

The appellate court ruled that the two actions by ABS-CBN before the two trial courts, constitute forum shopping on the part of the media network, the appellate court said.

"In the suit pending before the RTC-QC, it (ABS-CBN) implored to uphold its Talent Agreement with intervenor Revillame. Upon the other hand, private respondent prayed for the protection of its alleged copyright over the Wowowee show in the suit filed before the court a quo," the decision read.

"These reliefs may be different; nonetheless, they emanate from one cause of action -- the purportedly wrongful conduct of intervenor Revillame in refusing to honor his Talent Agreement.

"Forum shopping occurs although the actions seem to be different, when it can be seen that there is a splitting of a cause of action," the decision read.

In asking the appellate court to dismiss the Complaint for Infringement, ABC claimed that ABS-CBN "shrewdly and astutely instituted before different courts two suits predicated on the same or related cause of action which prayed for the same of substantially the same reliefs."

Not forum shopping

ABS-CBN, for its part, claimed that it was not guilty of forum shopping since the case before the Quezon City Regional Trial Court was for rescission of talent agreement while that before the Makati RTC, where ABC's principal place of business was as stated in its Articles of Incorporation and General Information Sheet, was for infringement.

The appellate court, however, was unconvinced, ruling that "where there is only one delict or wrong, there is but a single cause of action regardless of the number of rights that may have been violated belonging to one person."

"With the denial of its supplication for the issuance of a TRO to enjoin intervenor Revillame from rendering service with a rival network, private respondent (ABS-CBN) cavalierly instituted the Complaint for Infringement before the court a quo (Makati RTC)," the decision read.

"While its suit was for the protection of its purported copyright over Wowowee, a review of the aforesaid complaint evinces that private respondent persisted that intervenor Revillame violated its Talent Agreement by working for petitioner ABC.

"Without a doubt, in both suits, private respondent has the same cause, and what differs is the ground upon which the cause of action is predicated," the decision read.

The appellate court said that its earlier Writ of Preliminary Injunction issued on March 10, 2011 in favor of ABC is now declared "permanent" and the cash bond of P102,400,000 be released in favor of ABC.

Source: www.abs-cbnnews.com

ABS-CBN Will Do Philippine Version of The Voice

Director Laurenti Dyogi has announced via Twitter that ABS-CBN will be doing the Pinoy version of the new singing competition "The Voice" next year after PBB.



"@Pipay1105 will do the voice nxt year." he said.



The Kapamilya network is up for another competition. If GMA 7 has a copycat version of the "X-Factor" titled "Protege," ABS-CBN has "The Voice."

Anne Curts Sings ABS-CBN Ulan Station ID

ABS-CBN has released its 2011 Rainy Season Station ID featuring the song “Sukob Na” the Anne Curtis version.



The newest Kapamilya station ID dubbed as “Ulan” was first seen on ASAP Rocks last Sunday, August 28. It features the stars of ABS-CBN’s current shows like Umagang Kay Ganda, Showtime, Happy Yipee Yehey!, Maria La Del Barrio, My Binondo Girl, Guns and Roses, The Biggest Loser Pinoy Edition, and Banana Split.



Sukob Na was originally sung by the group 17:28 and was used as network’s rainy season station ID theme in 2002. It was also sung by Aiza Seguerra for ABS-CBN’s rainy season station ID for 2010.

ABS-CBN Awards PhP1 Million to the Philippine Dragon Boat Team

ABS-CBN bestowed P1 million to the Philippine Dragon Boat Federation (PDBF) Team when it gave a day-long hero’s welcome for the Filipino dragon boat champions.



ABS-CBN President and COO Charo Santos-Concio said the amount was a token of appreciation for the team’s “hard work, perseverance and for bringing honor to our country.”



PDBF President Marcia Cristobal, meanwhile, thanked the media’s coverage of the team, as it has sparked a wave of support for them from both private and government sectors.



She also said ABS-CBN’s donation will go a long way, as the team will save a part of the amount for expenses in future tournaments.



Tremendous media attention and roaring fans greeted the dragon boat paddlers since they arrived from Tampa Bay, Florida, where they won five gold medals and two silvers in the recently concluded International Dragon Boat Federation World Championships.



After being stripped of their title as a National Team and consequently of any financial assistance from the government, the team almost never made it to the world championships in Florida.



In an interview with ANC anchor Bill Velasco, PDBF coach and drummer Annabelle Tario said support from private sectors started pouring in after the July 14 airing of Dyan Castillejo’s report in “Krusada,” ABS-CBN’s advocacy journalism program.



In the documentary feature, the “Sports Unlimited” anchor chronicled the plight, sacrifice, and devotion to the sport in order to represent the country. Due to the lack of financial support from the government, the team would leave with packed canned goods to get them through each tournament. At times, they would even dive for mussels just so they could eat.



Through the P1 million grant, ABS-CBN hopes to help alleviate the champion paddlers’ woes as they continue bringing glory to the country. The network, meanwhile, will continue giving full support to Filipino athletes and sports in general, through its multiplatform coverage of the biggest sporting events on Channel 2, Studio 23, and Balls Skycable CH. 34.

ABS-CBN H1 Profit Drops on Weak Sales, Ad Revenues

ABS-CBN Corporation, the country's largest multi-media network, posted lower first-half profits at P1.7 billion, down 26% on weak sales and lower advertising revenues.



The profit drop was limited due to a P674-million one-time gain on the sale of Sky Cable Philippine Depositary Receipts (PDRs) to Singapore's STT Communications.



However, it was not enough to make up for the absence of political advertising which totaled P1.3 billion in the midst of national and local elections last year.



Consolidated revenues hit P13.9 billion, a decline of 18% on year. Advertising revenues likewise dipped 24% at P8.8 billion.



Stripping out the sale of Sky Cable's PDRs and political advertising last year, total revenues rose 1% and advertising revenues at 4%.



Consumer sales for the first half was also down 4% at P5.1 billion, mainly from ABS-CBN Global, while revenues dropped 14% on year, on lower subscriber growth and stronger peso versus the dollar.



ABS-CBN Global's overall viewer count dropped 1% on year, led by declines in the Middle East, Europe and Japan, but it's the contrary in markets like Canada, Asia-Pacific and Australia.



The company set a P3 billion profit target for 2011, which the firm acknowledged may be tough to achieve.



"It will be a challenging year," ABS-CBN chief financial officer Ron Valdueza said.



ABS-CBN Corp. is the parent firm of ABS-CBNNews.com.

ABS-CBN Primetime Rules July Ratings

BS-CBN Corporation, the country’s largest multimedia conglomerate, ruled the national TV ratings in the viewer-rich primetime (6 pm to 12 nn) wherein advertisers invest 75% of their TV ad spending.



Kantar Media, which has 22 TV networks, ad agencies, and pan-regional networks subscribing to its ratings services, reported that ABS-CBN’s primetime offerings soared to an average audience share of 42%, an eleven-point lead against GMA’s 31%; thereby, giving advertisers more value to their investments on ABS-CBN's high-rating primetime shows.



Data show that most Filipinos prefer "100 Days to Heaven" for entertainment viewing on weeknights and "Maalaala Mo Kaya" on weekends, while they tune in to "TV Patrol" when it comes to news and information. These three topped all programs in July.



Twelve out of the top 15 most-watched programs nationwide in July were on ABS-CBN. The are “100 Days to Heaven” (32.5%), “Maalaala Mo Kaya” (30.2%), “TV Patrol” (28.5%), “Guns and Roses” (27.9%), “Pilipinas Got Talent” (27.5%), “Rated K” 26.2%), “Minsan Lang Kita Iibigin” (25%), “Wansapanataym” (24.8%), “You Got It 2” (24.2%), “Goin Bulilit” (22.2%), “Gandang Gabi Vice” (21.3%), and “Mula sa Puso” (21%).



ABS-CBN’s coverage of President Aquino’s State of the Nation Address had more viewers across the contry as its ratings hit 14.1% percent, higher than GMA’s 13.3%.

ABS-CBN’s Kapamilya Gold afternoon block, meanwhile, strengthened its performance with its front runner “I Dare You” (13.2%) beating its rival program “Gourmet” (10.1%) as well as GMA’s other afternoond offerings such as “Sisid” (12.7%) and “Blusang Itim” (12.5%).



ABS-CBN obtained a national TV audience share of 36% in July, higher than GMA's 34%.



Kantar Media’s current subscribers include ABS-CBN, NBN, Sky Cable, J. Romero and Associates, Adformatix, Starcom, OMD, PhD, Mediacom, Mindshare, MEC, Maxus, Universal McCann, and Wellmade Manufacturing Corporation. They also include pan-regional networks likes CSM Media Inc., Fox International Channels, Star HK, Discovery, AXN, HBO, MTV, and Sony Pictures Television International.



ABS-CBN shifted to Kantar Media/TNS after filing a case vs. AGB Nielsen Media Research for failing to comply with its request to investigate alleged cheating and data tampering in TV ratings. The case is still pending in court.



ABS-CBN registered a consolidated net income of P976 million in the first three months of 2011, while GMA Network reported a P534 million net income in the same period.



ABS-CBN’s earnings before interest, taxes, depreciation and amortization or EBITDA hit P2.1 billion in the first quarter of 2011 while GMA Network’s EBITDA was P926 million. ABS-CBN delivered consolidated revenues of P6.6 billion from advertising and consumer sales.

Ogie Alcasid's Birthday Concert to be Seen on ABS-CBN

Ang ABS-CBN, hindi ang GMA 7, ang official TV partner ng birthday concert ni Ogie Alcasid sa August 23.

Mga GMA star ang special guest ni Ogie sa kanyang birthday concert sa Resorts World Manila.

ABS-CBN Wins Asia's Best Employer Award

ABS-CBN was named Asia's Best Employer Awards 2011 in recognition of the Kapamilya network’s valuable contribution in making it the most sought after employer, whose organizational framework covers being exemplary in learning and development initiatives, communicating distinctiveness in employee hiring, training and retention practices, and continuing innovation.

ABS-CBN was chosen after a research was done in every Asia-Pacific country by a team of independent professionals from different parts of Asia, which, after the research, submits its recommendations to a jury that identifies the final winners.

ABS-CBN President and Chief Operating Officer (COO) Charo Santos-Concio, on the other hand, was conferred the Woman Super Achiever Award given to “Outstanding Women who have the vision, flair, acumen and professionalism to demonstrate excellent leadership and management skills in an organization, making changes and achieving results."

Both Asia’s Best Employer Brand and Woman Super Achiever awards, hosted by the Employer Branding Institute, World HRD Congress, Stars of the Industry Group and CMO Asia, came with a trophy and a citation to recognize the valuable contribution made by ABS-CBN and Charo Santos-Concio, respectively.

The award ceremonies were held at the SUNTEC Singapore International Convention and Exhibition Centre last July 22, 2011.

Santos-Concio and Bong Osorio, ABS-CBN’s Head of Corporate Communication attended the affair.

ABS-CBN Wins 6 International Telly Awards

ABS-CBN International was honored with 6 bronze statuettes in the 32nd Annual Telly Awards.

According to its website, the Telly Awards are given to local, regional and cable television commercials and programs, as well video and film productions and work created for the web.

ABS-CBN International won a bronze statuette for the following:

Live Event - Global P-Noy: Town Hall sa TFC
Information - Adobo Nation: Sari-Sari Etcetera: Filipina Winemakers
Documentary - Bayaning Pilipino: Little Manila Foundation
Social Issues - Streets of My Lolo
Use of graphics - Streets of My Lolo
Editing - Streets of My Lolo

Link: http://www.tellyawards.com​/winners/

First Big 7 Surprises for 2nd Half of 2011 on ABS-CBN

For the second half of 2011, let us count down the big surprises only ABS-CBN can deliver.

1. First on the list is the Season 3 premiere of the biggest talent search in the country, Pilipinas Got Talent. Don't miss on July 9.

2. In celebration of its 100 years in the country, Nestlé Philippines brings Kasambuhay, Habambuhay, a 100 minute anthology of 10 short, entertaining and creative films. Don't miss it's premiere on Sunday's Best this July 10.

3. Next is the newest teleserye that will heat up your afternoon viewing. Catch Cristine Reyes in Reputasyon as it premiere this Monday, July 11. Also starring are Rayver Cruz, Jason Abalos, Jaclyn Jose and Aiko Melendez.

4. ABS-CBN TV Entertainment team and ABS-CBN News and Current Affairs joined forces to bring the new reality show I Dare You: The Kapamilya Exchange. Hosted by Jericho Rosales, Iya Villania, and Melai Cantiveros, I Dare You will test the resilience and determination of celebrity Kapamilya challengers who will enter the lives of various common people to experience and understand what others have to go through just to make a living. As the stars succeed in their task, the ‘Bidang Kapamilya’ will take home different kinds of prizes.

5. The first and true home of Asianovela brings one of the most successful Koreanovela of 2011, Pure Love (also known as 49 Days). Pure Love follows the story of Dianne, a young professional coming from a rich family. She seems to have everything, until a tragic accident claims her life. But Dianne is given a second chance to visit one by one the persons who she believes loves and values her. In her limited time, she discovers the real motives of other people on her.

6. For its 4th season, Jollibee and friends move to it's new home ABS-CBN. Don't miss Jollitown's initial Kapamilya offering on July 17.

7. On July 17, relive the immortal love story of Edward and Bella. ABS-CBN brings the Philippine free TV premiere of the first of the hit movie saga "Twilight".

ABS-CBN Dominates Nationwide in June

ABS-CBN Corporation, the country’s largest multimedia conglomerate, continues to be the number one TV station in June with an average national audience share of 37% or five points higher than GMA’s 32%, according to recent data from Kantar Media.

ABS-CBN continues to dominate the homes of Filipinos in Luzon, the Visayas, and Mindanao in the viewer-rich primetime block (6 PM to 12MN), where advertisers invest 75% of their TV ad spending, with a national audience share of 44% or 15 points higher than GMA’s 29%.

ABS-CBN remains as the country’s number 1 network for the first half of 2011 with 36% against GMA’s at 34% in total day shares. The lead has grown wider quarter on quarter with ABS-CBN’s 36% vs GMA’s 35% in the first quarter, and ABS-CBN pulling away with 37% vs GMA’s 32% by the second quarter.

The Kapamilya Network’s primetime teleserye “Mara Clara,” which Filipinos followed religiously through the months until its intense finale last month, topped the list of most watched regular programs for June with an average rating of 38.6%
“100 Days to Heaven,” currently the top running weekday program, captivated audiences with its storyline and superb acting performances with 34%. This was followed by weekend top-rater “Maalaala Mo Kaya” with 30.8%

“TV Patrol,” on the other hand, is still the undisputed number one newscast in the country with an average TV rating of 27.5% or nine points higher than GMA’s “24 Oras” (18.7%).

ABS-CBN’s airing of the NBA Finals between the Miami Heat and the Dallas Mavericks garnered a record-high average national TV rating of 19.1%, considered to be very strong for a morning block airing. By airing on ABS-CBN, the NBA finals reached more Filipino viewers and enjoyed its strongest TV ratings performance in recent years.

Out of the top 15 currently running programs, ABS-CBN took eleven spots and secured the top eight slots. They are “100 Days to Heaven” (34%), “Maalaala Mo Kaya” (30.8%), “Guns and Roses” (28.7%), “Pilipinas Got Talent” (28.4%), “TV Patrol (27.5%), “Minsan Lang Kita Iibigin” (26.6%), “Rated K” (23.8%), and “Wansapanataym” (23%). Joining them in top 15 are “Gandang Gabi Vice” (20.1%), “Goin Bulilit” (20%), and “Mula sa Puso” (18.8%).

In Balance Luzon (areas in Luzon outside Mega Manila), ABS-CBN enjoyed a whopping 19-point lead with 48% audience share vs GMA’s 29% in primetime.

In the Visayas, ABS-CBN primtime pulled away with a 65% audience share vs GMA’s 17% while in Mindanao, ABS-CBN’s audience share averaged 62% vs GMA’s 15%. The Visayas and Mindanao are certified Kapamilya territories as their top 35 most watched regular programs are all ABS-CBN programs.

Kantar Media’s current subscribers include ABS-CBN, NBN, Sky Cable, J. Romero and Associates, Adformatix, Starcom, OMD, PhD, Mediacom, Mindshare, MEC, Maxus, Universal McCann, and Wellmade Manufacturing Corporation. They also include pan-regional networks likes CSM Media Inc., Fox International Channels, Star HK, Discovery, AXN, HBO, MTV, and Sony Pictures Television International.

ABS-CBN shifted to Kantar Media/TNS after filing a case vs. AGB Nielsen Media Research for failing to comply with its request to investigate alleged cheating and data tampering in TV ratings. The case is still pending in court.

ABS-CBN registered a consolidated net income of P976 million in the first three months of 2011, while GMA Network reported a P534 million net income in the same period.

ABS-CBN’s earnings before interest, taxes, depreciation and amortization or EBITDA hit P2.1 billion in the first quarter of 2011 while GMA Network’s EBITDA was P926 million. ABS-CBN delivered consolidated revenues of P6.6 billion from advertising and consumer sales.

Laurenti Dyogi on Producing Reality Shows

Since launching the first season of Pinoy Big Brother in 2005, Lauren Dyogi and his team has gone on to adapt various foreign reality shows for ABS-CBN to suit the Filipino audience. Currently enjoying high ratings in the primetime block is The Biggest Loser: Pinoy Edition. Meanwhile, Direk Lauren’s reality show unit will soon unveil there newest offering, Junior MasterChef: Pinoy Edition.

Push.com.ph spoke with Direk Lauren and he talked about the kind of fulfillment he gets in producing reality shows. “Maraming benefit when you do different kinds of reality shows. Like in The Biggest Loser it was very satisfying for us na nakakatulong tayo sa mga kababayan nating may obesity and we are actually changing their lives. Sa PBB naman ganun din.”

He said he hopes such will also be translated once JMC airs on ABS-CBN. “With the upcoming JMC I’m sure mababago rin namin ang mga buhay ng mga batang contestants. Isipin mo lang ‘yung future na maibibigay mo sa mga batang ito, it’s enough to ensure them na they will be equipped with everything they will need to achieve their dreams. Napakasarap ng feeling na ‘yung para sa aming lahat.”

That’s why when asked to pick his favorite among all the past reality shows, Direk Lauren couldn’t single out a particular one. “Wala akong masabi na pinakagusto ko sa lahat ng reality shows na nagawa namin. Ang importante sa amin is sa bawat ginagawa naming programa e nage-enjoy kami at pati na lahat ng viewers,” he explained.

As excitement builds up on The Biggest Loser leading to the much awaited finale, Direk Lauren thanked everyone who made the show a big success. “More than the ratings ang ikinatutuwa naming lahat is nakikita natin na nagbabago ang mga buhay nila. Every time I visit the camp nakakatuwang makita silang lahat na ang laki na ng nababawas sa weight nila. Some of them entered the camp na around 300 lbs ang weight pero ngayon around 200 na lang. Hindi nila magagawa nang basta-basta ‘yun outside the camp in three months. Sobrang fulfilling na ‘yun para sa amin.”

He invited everyone to keep tuned in to the show so as not to miss the big surprises still in store. “Madami pang mangyayari. Marami pang exciting moment na dapat abangan ng lahat. Makikita ninyong lahat ‘yung wonder kung paano sila pumayat nang sobra. Sana lang talaga ‘wag na silang bumalik sa dating weight nila. Of course there will always be the possibility lalo na kapag bumitaw ka so sana madala nila ‘yung naituro sa kanila na healthy lifestyle.”

Aside from Biggest Loser and JMC, Direk Lauren and his team are also gearing up for a new season of PBB, plus the follow up Doubles edition to Biggest Loser. “We’re still in the audition process for the next season of PBB pero ngayon marami nang clamor for us to air it na. Bawat season tumataas ang expectation ng mga tao kaya lalo kaming nacha-challenge. Right now we’re very much happy with The Biggest Loser. In fact we’ve already been granted rights to do the Doubles edition. Sana abangan ng lahat.”

Source: www.push.com.ph