Global law firm Baker McKenzie has helped one of Türkiye's largest broadcasters, Yelda Haber Ve Görsel Yayincilik A.S, secure CAD 5.96 million in statutory damages over the infringement of its copyright on a multitude of episodes from its TV series as well as its live television channel.
Yelda Haber Ve Görsel Yayincilik A.S discovered that a Canadian IPTV business had acquired unauthorized, translated copies of almost 3,000 episodes of its award-winning television programming and was streaming that programming to millions of customers in more than 50 countries around the world. The defendants, GLWiZ Inc. and Gold Line Telemanagement Inc., argued that their activities were expressly or implicitly authorized under a vague license agreement. The court’s ruling, which rejected the defendants’ claim that they did not know that they were infringing the copyright of the plaintiff’s programs, will serve to motivate IPTV companies to ensure that they are properly licensed prior to streaming content online.
The complex, cross-border case dealt with emerging IPTV technologies as well as the assessment of damages arising from global and local activities. It was one of only a few cases in Canada to have considered at trial the theory advanced by the defendants and the impact of that theory on a statutory damage award.
The Baker McKenzie team was led by Intellectual Property Partner Jim Holloway and Associate Matthew Oppenheim and included Associate Jacqueline Chan and Legal Assistant Kim Humphrey.
Baker McKenzie has one of the world’s largest full service IP litigation practices, bringing together in-market IP and commercial knowledge at the local level with cross-border experience and perspective. Consistently ranked as one of the top IP practices globally, the Firm’s highly-regarded IP litigators and dispute resolution team work collaboratively across jurisdictions, applying proven strategies and knowhow as well as providing a single point of contact to help resolve the most complex multijurisdictional intellectual property disputes.
Yelda Haber Ve Görsel Yayincilik A.S discovered that a Canadian IPTV business had acquired unauthorized, translated copies of almost 3,000 episodes of its award-winning television programming and was streaming that programming to millions of customers in more than 50 countries around the world. The defendants, GLWiZ Inc. and Gold Line Telemanagement Inc., argued that their activities were expressly or implicitly authorized under a vague license agreement. The court’s ruling, which rejected the defendants’ claim that they did not know that they were infringing the copyright of the plaintiff’s programs, will serve to motivate IPTV companies to ensure that they are properly licensed prior to streaming content online.
The complex, cross-border case dealt with emerging IPTV technologies as well as the assessment of damages arising from global and local activities. It was one of only a few cases in Canada to have considered at trial the theory advanced by the defendants and the impact of that theory on a statutory damage award.
The Baker McKenzie team was led by Intellectual Property Partner Jim Holloway and Associate Matthew Oppenheim and included Associate Jacqueline Chan and Legal Assistant Kim Humphrey.
Baker McKenzie has one of the world’s largest full service IP litigation practices, bringing together in-market IP and commercial knowledge at the local level with cross-border experience and perspective. Consistently ranked as one of the top IP practices globally, the Firm’s highly-regarded IP litigators and dispute resolution team work collaboratively across jurisdictions, applying proven strategies and knowhow as well as providing a single point of contact to help resolve the most complex multijurisdictional intellectual property disputes.
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