The recent copyright registration of ‘EB Happy Everybody Happy’ by Jerricho Calingal, the ‘BakClash’ grand winner of the Philippine noontime show ‘Eat Bulaga,’ has sparked discussions regarding intellectual property rights.
However, a lawyer representing Television and Production Exponents Inc. (TAPE), the producer of ‘Eat Bulaga,’ has clarified that the ‘EB Happy’ segment is distinct from the recently registered copyright.
Jerricho Calingal’s copyright for ‘EB Happy Everybody Happy’ was registered with the Intellectual Property Office of the Philippines (IPOPHL) on August 22, as per the certificate issued on August 23. This development raised questions about potential conflicts with TAPE’s use of the term ‘EB Happy.’
TAPE’s lawyer, Maggie Abraham-Gardugue, explained that ‘EB Happy’ in the context of the show is a trademark and not a copyright. She highlighted that Calingal’s copyright registration falls under Paragraph G of Republic Act 8293, the Intellectual Property Code of the Philippines, which pertains to “works of drawing, painting, architecture, sculpture, engraving, lithography, or other works of art; models or designs for works of art.”
Abraham-Gardugue clarified that Calingal’s registration does not include elements like “dramatic or dramatico-musical compositions,” “choreographic works or entertainment in dumb shows,” and “audiovisual works and cinematographic works,” as defined under other sections of the Intellectual Property Code.
The lawyer emphasized that TAPE is actively using the trademark ‘EB (Eat Bulaga) Happy’ for its segment in ‘Eat Bulaga,’ whereas Calingal is not currently using it in any class.
Addressing the notion that ‘EB Happy’ was his concept, Abraham-Gardugue cited Section 175 of the IPO law, which states that “ideas and concepts are not protected by copyright.” She noted that Calingal’s copyright registration was for the graphic design related to ‘Everybody Happy,’ further differentiating it from TAPE’s use of ‘EB Happy.’
Abraham-Gardugue mentioned that if Calingal’s trademark application for ‘EB Happy (Everybody Happy)’ progresses to publication, TAPE intends to oppose it. She explained that under the rules, any party that might be adversely affected can file opposition within 30 days of publication.
Calingal, when asked about the song that contains “EB Happy” used by ‘Eat Bulaga,’ stated that they should replace the term ‘EB Happy’ with something else because he did not grant permission for its use.
As discussions around intellectual property rights continue, it’s crucial to differentiate between copyright and trademark concepts to address potential conflicts effectively.
