Korina vindicated

Curtain-raisers:

• Another funny text message from Dr. Welson Yap:

A doctor and an engineer fall in love with the same pretty nurse. The engineer has to attend a seminar. “I’ll be away for a week,” the engineer tells the nurse, “and I have a present for you but don’t open it until I leave.” When she unwrapped the gift, she found seven apples with a note: “An apple a day keeps the doctor away.”

•  A trivia from komiks novelist Ruben R. Marcelino (whose wife, Gilda Olvidado, is also a popular komiks-serial writer): Did you know that in 1983 I wrote in TSS Komiks of Atlas Publishing a komiks novel titled Ang Misteryo ni Gamaliel Grajo and the plot was similar to that of the Brad Pitt starrer The Curious Case of Benjamin Button? Both is about an octogenarian who ages in reverse, ending as an infant. The Gamaliel Grajo illustrated novel predated Button by almost three decades. Okay lang ba kung maging proud ako? (Note: Oo naman, Ruben!).

•  Brillante “Dante” Mendoza’s Serbis got three nominations in the 3rd Asian Film Awards to be held in Hong Kong on March 23: Best Director for Mendoza and Best Supporting Actress for Gina Pareño and Jaclyn Jose. This year’s jury is composed of the who’s-who in the international filmfest circuit: Indonesia’s John Badalu, Taiwan’s Peggy Chiao, Canada’s Noah Cowan, USA’s Roger Garcia, Japan’s Kenji Ishizaka, France’s Christian Jeune, South Korea’s Ki-yong Park, UK’s Tony Rayns, Thailand’s Kong Rithdee, Germany’s Christoph Terhechte, Hong Kong’s Jacob Wong and China’s Fei Xie.

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She has won numerous awards and is proud of each one, but Korina Sanchez considers as “the most thrilling” the Silver Award she got from the recent New York Festivals for Broadcast for her show Rated K’s investigative report on Substandard Food Supplements in the Philippine Market.

It was a vindication for Korina whose findings were questioned by the owners and makers of a glutathione brand but eventually upheld by the Bureau of Food and Drugs (BFAD).

“I’m glad and grateful that my bosses, Maria Ressa and Charie Villa, supported me all the way,” said Korina.

In her last SONA, Pres. Gloria Macapagal-Arroyo asked Congress to impose stiffer regulations on truth in advertising.

Actually, Korina’s NY fest victory was threefold. She was also named finalist in the Best Field Reporter category (for her special reports on wire-tapping, her live annotation on the Manila Pen siege, the follow-up on the “nursing test leak scandal” and the exclusive on MILF leader Al-Haj Murad), along with Rated K which is also a finalist in the Best News Documentary (Magazine Format) category.

These awards are in addition to Korina’s grand slam win in 2008, including the Ka Doroy Broadcaster of the Year award (from the Kapisanan ng Mga Brodkaster ng Pilipinas), Broadcaster of the Year for Television (from the Manila Rotary Club Journalism Awards), Best Anchorwoman and Best AM Radio Announcer (from the recent UPLB Gandingan Awards), Best Magazine Show Host (from the KBP Dove Awards) and the PMPC Star Awards, and No. 1 Preferred/Children-Friendly TV Personality (from the Anak TV Awards).

GMA’s side on Granada issue

 Here’s GMA Network’s official statement on the complaint of Gary Granada, from the network’s Vice President for Legal Affairs Dick B. Perez:

GMA Kapuso Foundation had nothing at all to do with the composition of the music or the writing of the lyrics.

Mr. Granada claims that the lyrics used for the plug is his version. We dispute that. GMA Marketing provided Mr. Granada the complete lyrics for the music he was supposed to compose. He changed a word in these lyrics. With due respect to Mr. Granada, that does not make the lyrics, under copyright law, his version or his work.

Certainly, Mr. Granada cannot claim sole authorship of the lyrics because he himself admits that GMA provided the lyrics and that he “rewrote” portions of it , which means that he admits as well the authorship of the lyrics by GMA Marketing.

Neither can he claim joint authorship of the lyrics. There is joint authorship when two requisites concur: (1) there must be an intention between the parties to be joint authors at the time the work was created, and (2) the contributions to the work of the party claiming to be a joint author must be independently copyrightable (see Erickson v. Trinity Theatre Inc, 13 F. 3d 1106[1994]).

It is clear that the first requisite is lacking. For a work to be considered a “joint work”, two or more persons must collaborate with the intent to create a unitary work. In this case, Mr. Granada was engaged by GMA Marketing to write the music to the lyrics that had already been completed by GMA. Neither GMA Marketing nor Mr. Granada intended to be joint authors of the lyrics.

The second requisite is also clearly absent. The changes to the GMA lyrics, whether all or some of them originated from Mr. Granada, are mere ideas, or refinements to it. In the case cited, it was held that ideas, refinements, and suggestions, standing alone, are not independently copyrightable.

As for the music which he now also claims was based on the musical structure he composed for the lyrics, we have called the attention of the composer to address Mr. Granada’s concern. It should be noted that GMA or its employees did not compose the music but engaged a professional composer to do so. “

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