There is no telling what Filipinos would have done if they were prevented from viewing on real time the fight between their hero, pound-for-pound king Manny Pacquiao and Sugar Shane Mosley in Nevada last May 8. Fortunately the Court of Appeals affirmed the order of a lower court to execute, pending appeal, its decision to cancel the copyright registration of one Melecio Alonzo. The general rule is that execution shall only issue if the judgment has become final and executory. However, for good reasons and only after due hearing, discretionary or execution of a judgment pending appeal may be issued.
In Melecio Alonzo, Jr v Solar Entertainment Corporation and Judge Cesar Untalan, Judge Untalan (lower court) issued a decision cancelling Alonzo's copyright registration called Medium and executed the decision upon motion by Solar, despite the pending appeal of Alonzo to the Court of Appeals, on the ground that a clear and present danger exists that Alonzo would use his Certificate of Registration to prevent the use of the Medium or to threaten and harass other persons with unfounded suits.
The dispute arose when Alonzo, claiming as holder of copyright registration 02-2006-371 for the Medium, sent on November 2006 a cease and desist letter to Solar, a cable channel operator which was slated to show via a closed circuit system the Pacquiao-Morales fight. The closed circuit system allowed the showing for a fee in cinemas and restaurants via satellite, events not shown in local television channels, without advertisements interruptions. The Medium is described as an indoor concept that is used to broadcast audiovisual works and cinematographic works produced by a process similar to cinematography or any process for making audio-visual recordings using a satellite and projector. Alonzo threatened to sue for copyright infringement if Solar and the theatre operators showed the fight without his consent and royalty payments. Solar countered by filing a suit for cancellation of Alonzo's copyright alleging that the Medium was not copyrightable because it was not an original expression, and prayed for the issuance of a temporary restraining order, which the executive judge granted.
After hearing, the lower court on April 13 2009 ordered the cancellation of Alonzo's copyright over the Medium and permanently prohibited the National Library from issuing copyright registrations for works similar to the Medium. The lower court said that the Medium could not be considered as an original artistic work. Alonzo appealed and while this was pending, Solar moved for execution of the decision, which the lower court granted. Alonzo questioned this before the Court of Appeals, which, however, affirmed the decision of the lower court on March 31 2011, stating that the Rules of Court do not state, enumerate, or give examples of "good reasons" to justify execution, but is left to the sound discretion of the trial judge. The Court stated that should the discretionary execution by the lower court be reversed, Alonzo can still be compensated. On the other hand, should the Certificate of Registration be allowed to subsist pending appeal, Alonzo's filing of suits against persons using the Medium would severely hamper or even totally interrupt their business operations. While there is no existing jurisprudence justifying execution pending appeal by reason of the circumstances described in the petition, the Court of Appeals found no grave abuse of discretion on the part of the lower court, and dismissed Alonzo's petition.
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Editha R Hechanova |
Hechanova Bugay & Vilchez
GF Chemphil Building Antonio Arnaiz Ave
Makati City 1223
Philippines
Tel: +63 2 888 4293
Fax: +63 2 888 4290
