Spanski Enterprises, Inc. v. Telewizja Polska, S.A.
222 F. Supp. 3d 95
D.D.C.2016Background
- SEI (Spanski Enterprises), a Canadian distributor, claimed exclusive U.S. rights to TVP Polonia programming under written agreements with TVP (1994 agreement, 1999 addendum, and a 2009 settlement). SEI registered 51 episodes with the U.S. Copyright Office in early 2012.
- TVP (Poland’s public broadcaster) hosted VOD content on www.tvp.pl using a system with Workflow, CMS, Portal Engine, and CDN components and employed geoblocking (MaxMind) with a CMS default of "minus ameryki" to block North/South America.
- Between December 2011 and March 1, 2012, SEI’s representatives viewed and recorded 36 of the later-registered episodes from the U.S.; other witnesses (including a Canadian monitor) also accessed the content.
- Workflow logs and screenshots showed multiple formats for many episodes (some geoblocked, some not), later deletions of non-geoblocked formats (including sequential deletions of 27 formats on Feb. 25, 2012), and evidence of post-hoc manipulation of workflow entries.
- The court found SEI’s witnesses credible, found the defense experts’ explanations of a geoblocking malfunction unpersuasive, concluded TVP intentionally and volitionally made the episodes accessible in the U.S., denied TVP’s equitable estoppel defense, and entered judgment for SEI; the court requested supplemental briefing on damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ownership/Registration | SEI holds exclusive U.S. rights via written agreements and valid registrations for 51 episodes | TVP is original creator but transferred exclusive rights to SEI; no effective challenge | Held for SEI: written transfers + registrations establish SEI as exclusive U.S. copyright holder |
| Infringement (public performance/transmit) | Streaming TVP Polonia from www.tvp.pl into U.S. constituted public performance/transmission infringing SEI’s exclusive right | Access occurred but defendant suggested geoblocking failure or non-volitional streaming; contested whether transmission was a performance | Held for SEI: transmissions were public performances via streaming; episodes were accessible and viewed in U.S., so infringement occurred |
| Volitional/Willful Conduct | TVP employees intentionally created non-geoblocked formats, published them, then deleted non-geoblocked formats once SEI began investigating | TVP blamed automated geoblocking errors or database failures (e.g., MaxMind/Mongo replication) and argued lack of volitional conduct | Held for SEI: evidence of manual format creation, CMS/workflow controls, selective deletions, and log manipulation shows volitional, willful infringement; speculative system-failure theories rejected |
| Equitable estoppel | N/A (SEI sought relief) | TVP argued SEI knew or misled and should be estopped from suing | Held for SEI: TVP cannot satisfy estoppel elements because it acted intentionally and thus was not ignorant or disadvantaged by reliance on SEI |
Key Cases Cited
- Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991) (elements of copyright ownership requirement)
- Stewart v. Abend, 495 U.S. 207 (1990) (copyright owner holds statutory bundle of exclusive rights)
- American Broadcasting Companies, Inc. v. Aereo, Inc., 134 S. Ct. 2498 (2014) (streaming transmissions fall within the Transmit Clause/public performance right)
- Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014) (plaintiff bears burden and discussion of equitable doctrines in copyright context)
- Stenograph L.L.C. v. Bossard Associates, Inc., 144 F.3d 96 (D.C. Cir. 1998) (registration certificates are prima facie evidence of a valid copyright)