$27 Million Damage Award For Copyright Infringement Of Turkish Television Programming

On July 18, 2024, the Federal Court of Canada (the Court) released its decision in Demirören TV Radyo Yayincilik Yapimcilik A.Ş. v General Entertainment and Music Inc., 2024 FC 1127, finding that one of Türkiye’s largest broadcasters, Demirören TV Radyo Yayincilik Yapimcilik A.Ş. (the Plaintiff), owns copyright in its various episodes of original television programming (the Programs) and that General Entertainment and Music Inc. (the Defendant) infringed its copyright in certain Programs. 

The Plaintiff brought a motion for summary judgment asserting its copyright in the relevant Programs, arguing that the Defendant infringed, as well as induced or authorized others to infringe, its copyright in the Programs in Canada.  Specifically, the Plaintiff alleged that its Programs were broadcast live and streamed on-demand via a service owned by the Defendant, and that the Defendant provided the Programs to certain third parties who wrongfully made the Programs available. 

The Defendant did not respond to the motion for summary judgment.

On the issue of infringement, the Court held that: (i) the evidence filed supported a finding that copyright subsists in the Programs; (ii) the Plaintiff is the owner of the copyright in the Programs; and (iii) the evidence established direct infringement of the Plaintiff’s copyright in certain Programs (which were copied and translated without permission and made available for broadcast and streaming) and the infringing platforms were owned by the Defendant.

In considering the Plaintiff’s allegations of inducement and/or authorized infringement, the Court found that there was not sufficiently clear and cogent evidence to support the Plaintiff’s claim, further noting that certain evidence constituted hearsay evidence.

The Court ultimately concluded that the Plaintiff established that it is the exclusive copyright owner of the Programs and was entitled to remedies including declaratory relief, injunctive relief, statutory damages totaling $27,290,000 (i.e., $10,000 per episode for each Program shown to have been infringed by the Defendant based on the aggravating factors), and costs in respect of this infringement.  The Court dismissed the Plaintiff’s motion in respect of the Defendant’s alleged inducement and/or authorization of infringement of the Programs by third parties.

Summary By: Steffi Tran