Broadcasting company fails to renew license for comedy films: Copyright infringement: Lost revenue: Verdict

Law Reporter, May 2004

Feiner & Co. v. Turner Entm't Co., U.S. Dist. Ct., S.D.N.Y., No. 96 CIV 1472 (RO), Nov. 17, 2003.

Feiner and Company (Feiner) owned the television and video rights for "short subject" comedy films featuring Stan Laurel and Oliver Hardy. The short subjects were produced during the 1920's. In 1965, the Metro-Goldwyn-Mayer (MGM) studio produced a film entitled "Laurel & Hardy's Laughing '20's." The film, consisting of 15 Laurel & Hardy short subjects, was later acquired by Turner Entertainment Company, Inc. (Turner), when Turner bought MGM's film library. Turner did not renew the license to use the 15 Laurel & Hardy short subjects. Turner broadcast the film on its cable networks nationwide, and sold videocassettes and laser disks of the film. Feiner wrote a series of letters complaining of copyright infringement, but Turner took no remedial action. Feiner suffered lost licensing revenues, estimated at $360,000.

In 1996, Feiner sued Turner, alleging copyright infringement. A trial court granted plaintiff summary judgment in 1997. Feiner & Co. v. Turner Entm't Co., No. 96 Civ. 1472(RO), 1997 WL 603447 (S.D.N.Y. Sept. 30, 1997). The question of whether the infringement was willful went to a jury in 2003. Defendant contended that its use of the short films was innocent, or, in the alternative, non-willful.

The jury found that the infringement was willful and awarded plaintiff $240,000. This amount is exclusive of interest and attorney fees. The court denied defendant's motions for a new trial and to reduce the damages award.

Plaintiff's Counsel

*Gregory A. Sioris, New York, N.Y.