Artist accuses 'Enteng ng Ina Mo' producers of copyright violation

Sculptor Leeroy New is claiming his intellectual property rights were violated by those behind the movie "Enteng ng Ina Mo," where the principal villain wears a costume artwork which New said was copied from his "art muscle dress" design.  

The movie, a joint production by Star Cinema, M-Zet TV Productions, APT Entertainment Production and OctoArts Films, led the box office race at the 37th Metro Manila Film Festival which ran from December 2011 to January 2012.

 

In a letter addressed to ABS-CBN Film Productions, Inc., M-Zet Productions, APT Entertainment, Inc., TAPE, Inc., and OctoArts Films, New is seeking P10 million in compensation for said violation of his intellectual property and moral rights.

 

According to the letter from the Roque & Butuyan Law Offices, records and information turned over to their firm show that New's design was misappropriated and used to give principal identity and character to the villain in the film named Satana. 

 

As Satana, actress Bing Loyzaga wore a costume which New claims was copied from his own artwork, without his consent and permission.

 

"Without the costume copied from our Client's copyrighted art muscle dress sculpture, Satana's characterization in the movie will be seriously impaired," said the firm, noting that the costume was worn for a "crucial and substantial part of the movie, principally during its final battle scene."

 

They pointed out that the misappropriated design and the resulting pirated copy of the artwork was attributed as a genuine artwork of New, evidenced by the closing credits where New's name is mentioned, despite the lack of consent for the use of his design, the reproduction, as well as the use of his name in the movie.

 

According to the firm, they have documented admissions from members of the production team, as well as electronic and printed promotional materials acknowledging New's art as the source of the costume.  

"Worse, our client's moral rights were violated when his design was not only used, but also altered and mutilated for use in the movie," the firm said.

 

Apart from the P10 million in damages, the firm is demanding that the producers desist from further showing, exhibiting, distributing, and licensing the movie in any medium which grossly violates New's intellectual property rights.

 

New's art muscle dress previously became famous on Lady Gaga's "Marry the Night" single cover.

 

Twenty-five-year-old New is a prolific artist whose work has been exhibited both in the Philippines and abroad–in 2009 at the Fukuoka Triennale in Japan, in 2008 at the Singapore Biennale, and at La Trobe Visual Art Center in Australia where he received a grant for an art residency as part of the 2009 Ateneo Art Award program.

 

Sought for comment, OctoArts Films declined to issue a statement on the matter. TAPE Inc, for its part, said they were not involved in the production of “Enteng ng Ina Mo.”

 

Star Cinema has not issued a statement as of posting time. –KG, GMA News