Are News Reports/Stories/Broadcasts Protected by Copyright? | 3 May 2024

News as expressed in a video footage is entitled to copyright protection. Broadcasting organizations have not only copyright on but also neighboring rights over their broadcasts.

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Alburo Law
May 03, 2024

Are News Reports/Stories/Broadcasts Protected by Copyright?

News as expressed in a video footage is entitled to copyright protection. Broadcasting organizations have not only copyright on but also neighboring rights over their broadcasts. Copyrightability of a work is different from fair use of a work for purposes of news reporting. (ABS-CBN Corporation v. Felipe Gozon, G.R. No. 195956, March 11, 2015)

SUPREME COURT DECISION: EMPLOYER’S NON-REMITTANCE OF UNION DUES CONSTITUTES UNFAIR LABOR PRACTICE WITHIN THE JURISDICTION OF THE LABOR ARBITER

Issue at hand:

Whether or not the Court of Appeals committed serious errors of fact and law in affirming that the Med-Arbiter had jurisdiction over the unfair labor practice complaint filed.

Ruling:

The Med-Arbiter has no jurisdiction over the Petition filed by Marigon. It is a basic rule that jurisdiction over the subject matter is determined upon the allegations in the complaint, irrespective of whether the plaintiff is entitled to recover upon the claims being prayed for. In labor proceedings, the allegations made in the complaint and in the position paper may be considered in determining jurisdiction.

If the allegations in the complaint involve ULP, it is the Labor Arbiter who has jurisdiction pursuant to Article 224 of the Labor Code. ULP generally refers to acts that violate the worker’s right to self-organization. Article 259 of the Labor Code, enumerates the different types of ULP that may be committed by the employer, viz.:

ARTICLE 259. [248] Unfair Labor Practices of Employers. — It shall be unlawful for an employer to commit any of the following unfair labor practices:

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Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

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