Demirören Tv v. General Entertainment and Music Inc., 2024 FC 1127
Justice Whyte Nowak - 2024-07-18
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Kanal D has brought this motion for summary judgment asserting its copyright in some 3,159 episodes of original television programming [the Kanal D Programs]. It alleges that the Defendant, General Entertainment and Music Inc. [GEM or the Defendant] has infringed as well as induced or authorized others to infringe its copyright in the Kanal D Programs in Canada. While GEM filed a defence in this action, it has not responded to this motion. Based on the evidence filed by Kanal D and for the reasons that follow, I am satisfied that this action is amenable to summary judgment and that Kanal D has met its burden in proving that it owns copyright in the Kanal D Programs and that GEM has infringed its copyright in 2,729 episodes of the Kanal D Programs. Kanal D is entitled to remedies including declaratory and injunctive relief as well as statutory damages in respect of this infringement. While Kanal D also alleges that GEM has induced others to infringe its copyright in the Kanal D Programs, I find that it has not met its burden with sufficiently clear, convincing and cogent evidence to make out its claim and for the reasons that follow, I decline to order a summary trial on the issue.
Decision relates to:
- T-410-21 - GENERAL ENTERTAINMENT & MUSIC INC v. GOLD LINE TELEMANAGEMENT INC ET AL.
- T-749-23 - DEMIRÖREN TV RADYO YAYINCILIK YAPIMCILIK A.S. v. GENERAL ENTERTAINMENT AND