It considers that the Atresmedia group violated the intellectual property rights of MC&F, holder of the copyright of the star test of the contest
A new judicial front once again affects the most watched contest on Spanish television. The court of section 15 of the Provincial Court of Barcelona has sentenced Atresmedia this Thursday to cease the broadcast of ‘El Rosco’, the final duel between the contestants of ‘Pasapalabra’ for, according to the courts, having infringed the rights of intellectual property of the production company MC&F Broadcasting Production and Distribution CV (MC&F), which owns the copyright of the star test of the format. In addition, it also imposes on the communication group, which has the option of appealing, compensation for the damage caused and obliges it to publicize the resolution.
In this context, MC&F filed a lawsuit against Atresmedia in which it accused the defendant of infringing its intellectual property rights on the final test of the contest presented by Roberto Leal on Antena 3. Then ITV Studios, appearing in the case in its capacity as licensor of the rights to the program, and Atresmedia alleged that the ownership of the copyright of ‘El Rosco’ had been settled and resolved in 2016 by section 28 of the Provincial Court of Madrid in a final judgment, which was later ratified by the Supreme Court three years later, causing the immediate cancellation of the Telecinco space after Mediaset lost its lawsuit with ITV over the contractual relationship that united them both with this format.
However, for the Court of Barcelona, the question about the intellectual property rights of ‘El Rosco’ was not definitively resolved in those two sentences because MC&F, which is the one who claims the copyright of the final test, did not intervene in that process.
Therefore, the court has indicated that the creators of ‘El Rosco’ were from Reto Luigi Pianta and René Mauricio Loeb, who assigned their rights to MC&F and this producer, in turn, licensed the Einstein company to include ‘El Rosco’ in the ‘Passaparola’ contest, the Italian edition of ‘Pasapalabra’ which was created on the basis of ITV’s license to Einstein for a second game known as ‘The Alphabet Game’ and which, therefore, gave rise to the Spanish version .
The sentence insists that ‘El Rosco’ is an original creation of its authors Reto Luigi Pianta and René Mauricio Loeb, protected by the Intellectual Property Law, whose rights correspond to MC&F. Consequently, the ruling states, “the exploitation of said work by Atresmedia, with an ITV license, constitutes an infringement of those rights.”
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