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A film studio wins $312M in a copyright trial

Copyright Trial

The Client — A major motion picture studio with a catalog spanning thousands of registered audiovisual works and a long-standing licensing program with legitimate distribution partners worldwide.

The Situation — An unauthorized streaming aggregator built a subscription business on the studio's catalog without licensing. When the studio sued, the defendant raised safe-harbor protection under the DMCA and signaled a willingness to litigate to trial.

The Challenge — Statutory damages in a copyright trial scale with the number of registered works and the strength of the willfulness showing. Most defendants in this posture settle before trial; the few that go the distance typically face complex moderation records that complicate the safe-harbor analysis.

What We Did — The trial team rejected an early settlement that would have capped damages at a fraction of statutory exposure. Discovery focused on the defendant's internal moderation correspondence and direct-financial-benefit evidence sufficient to defeat the safe-harbor defense. Two weeks of trial were structured around a small number of well-prepared fact witnesses rather than a sprawling expert presentation.

The Results — The jury returned a unanimous verdict for the client after less than five hours of deliberation. Damages were awarded at $312M and a permanent injunction issued shortly thereafter. The defendant's appeal was withdrawn following post-trial briefing.

A small number of well-prepared witnesses, a story the jury could repeat in the deliberation room, and the discipline to skip every expert that did not actually move the verdict. That is how trial cases are won.
DO
Daniel Okonkwo
SVP, Litigation — Major Studio