Federal Court rules in favour of Turkish broadcaster in copyright infringement case

The Federal Court granted summary judgment to Turkish broadcaster Kanal D, finding that General Entertainment and Music Inc. (GEM) infringed its copyright in 2,729 episodes of television programming.

In Demirören TV Radyo Yayincilik Yapimcilik A.Ş. v. General Entertainment and Music Inc., 2024 FC 1127, the court found that Kanal D met its burden of proving ownership of the copyright and GEM’s infringement of 2,729 episodes. As a result, Kanal D is entitled to declaratory and injunctive relief and statutory damages. However, the court found insufficient evidence to support Kanal D's claim that GEM induced others to infringe its copyright.

Kanal D submitted several affidavits to support its motion. Selim Turkmen, a former Kanal D employee, detailed the ownership and licensing of the Kanal D programs and provided video clips and production contracts. A private investigator, Rachel Barker documented her visits to the GEM TV website, showing the availability of Kanal D Programs. Kim Humphrey, a legal assistant, attached documents, including GEM’s corporate profile and defence statements, as well as evidence from another Federal Court case involving GEM.

The Federal Court determined that the issues were appropriate for summary judgment, noting GEM’s failure to respond. It found no genuine issue for trial regarding Kanal D's ownership of the copyright, as the evidence clearly showed that Kanal D owned the rights to the programs. The court also concluded that GEM had infringed these rights by broadcasting and streaming the programs on its website.

Barker’s affidavit included video clips showing 18 of the 22 Kanal D programs on the GEM TV website, totalling 2,729 episodes. The court found this evidence clear and convincing. Turkmen’s affidavit also indicated additional programs and episodes were available, but the court limited its findings to the episodes documented by Barker.

Kanal D alleged that GEM induced or authorized other parties to infringe its copyright via the GLWiZ website. However, the court found Kanal D’s evidence insufficient to support these claims. Turkmen’s evidence, based on hearsay, did not meet the required standard, and the court noted that a related case was pending that would address these issues more thoroughly.

The court granted Kanal D several remedies, including validation of service, declaratory relief, and a permanent injunction against GEM. It awarded Kanal D $10,000 in statutory damages per episode, totalling $27,290,000, considering GEM’s bad faith and need for deterrence.