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SportsMax cries foul!
Cable firm to sue TVJ-SN over football broadcast
KAYON RAYNOR, Observer senior staff reporter raynork@jamaicaobserver.com
Wednesday, September 19, 2007
MCINTOSH... we take these copyright infringements seriously
THE RJR Communication Group, through its cable company TVJ Sports Network (TVJ-SN) will be dragged before the courts for alleged infringement of intellectual property rights by regional sports cable giant, SportsMax.
Highly-placed Observer sources indicate that Attorney Kwame Gordon of Frater, Ennis and Gordon will be filing documents with the Supreme Court in Kingston today on behalf of SportsMax against the RJR Group.
The breaches relate to alleged unauthorised broadcast of an international friendly match between England and Brazil in June, and the COPA America (South American Football Championships) in June and July on TVJ-SN.
When contacted about the matter late last evening, president and CEO of SportsMax, Oliver McIntosh, confirmed that his company will today begin court proceedings against Jamaica's largest listed media conglomerate.
McIntosh explained that the decision to take the matter to court was prompted by the RJR Group's alleged repeated infringement on his company's exclusive broadcast rights.
"The first time it happened one could possibly see that it could be a mistake, but then when it happens again for something as important as an Argentina versus Brazil match or an England versus Brazil match, which throughout their organisation, their members of staff, members of management must have known who the (intellectual) rights belonged to, because obviously we do a lot of marketing and advertising about it, that these matches should not have been broadcast (by TVJ-SN)," McIntosh told the Observer in an exclusive interview.
McIntosh revealed that SportsMax had attempted to reach an out of court settlement (about a month ago) with TVJ-SN, but that proved unsuccessful; although the RJR Group is alleged to have admitted to showing SportsMax's content on their sports channel.
"We did have a meeting and we tried to come to an arrangement. but we did not feel that the RJR Group was taking this seriously and we had to take the required steps to make sure that they do take it seriously, (so that people) in the market recognise SportsMax's intellectual property right...," McIntosh said.
When contacted about the matter yesterday evening, Deputy Chairman of the RJR Group Gary Allen told the Observer that he was aware of the issue.
"I am aware of an issue which is being addressed by our attorneys and their (SportsMax's) attorneys," Allen said. "I am not aware, at this point, that it has reached a point where I can make any further comment on it because I have to respect the fact that the attorneys are trying to resolve what ever issue exists," the deputy chairmain added, noting that his attorneys were awaiting a response up to press time.
It is understood that the suit alleges that TVJ-SN broadcast content that belongs to SportsMax without authorisation, including the 2007 Copa America finals; which SportsMax is alleging was taken from an illegal feed of United States football broadcaster GOL-TV.
The regional cable company is also alleging that TVJ-SN broadcast the 2007 international friendly between Brazil and England which SportsMax assumes was taken from Fox Soccer Channel.
".And then it happened multiple times, in prime time, which sends a signal that they are broadcasting it, no matter what," McIntosh reasoned.
SportsMax, which is the rights holder of Fox Soccer Channel in Jamaica, is also the exclusive rights holder for the COPA America and England national football team home matches, through its parent company International Media Content.
"We take these copyright infringements seriously," McIntosh noted. ".Because it compromises the SportsMax brand which competes on the basis of providing top-class international content exclusively to its subscribers" he explained, noting further that it is unfortunate that the matter had to go to court, particularly because members of the RJR Group's management team hold senior positions on both the boards of the Media Association of Jamaica and the Caribbean Broadcasting Union.
"We want to concentrate on building our business and not on infringement of our rights and lawsuits. Breaches such as these unfairly and negatively impact on our business and compromise the differentiation of SportsMax as a premium channel. We therefore must take steps to stop this immediately," he said.
Cable firm to sue TVJ-SN over football broadcast
KAYON RAYNOR, Observer senior staff reporter raynork@jamaicaobserver.com
Wednesday, September 19, 2007
MCINTOSH... we take these copyright infringements seriouslyTHE RJR Communication Group, through its cable company TVJ Sports Network (TVJ-SN) will be dragged before the courts for alleged infringement of intellectual property rights by regional sports cable giant, SportsMax.
Highly-placed Observer sources indicate that Attorney Kwame Gordon of Frater, Ennis and Gordon will be filing documents with the Supreme Court in Kingston today on behalf of SportsMax against the RJR Group.
The breaches relate to alleged unauthorised broadcast of an international friendly match between England and Brazil in June, and the COPA America (South American Football Championships) in June and July on TVJ-SN.
When contacted about the matter late last evening, president and CEO of SportsMax, Oliver McIntosh, confirmed that his company will today begin court proceedings against Jamaica's largest listed media conglomerate.
McIntosh explained that the decision to take the matter to court was prompted by the RJR Group's alleged repeated infringement on his company's exclusive broadcast rights.
"The first time it happened one could possibly see that it could be a mistake, but then when it happens again for something as important as an Argentina versus Brazil match or an England versus Brazil match, which throughout their organisation, their members of staff, members of management must have known who the (intellectual) rights belonged to, because obviously we do a lot of marketing and advertising about it, that these matches should not have been broadcast (by TVJ-SN)," McIntosh told the Observer in an exclusive interview.
McIntosh revealed that SportsMax had attempted to reach an out of court settlement (about a month ago) with TVJ-SN, but that proved unsuccessful; although the RJR Group is alleged to have admitted to showing SportsMax's content on their sports channel.
"We did have a meeting and we tried to come to an arrangement. but we did not feel that the RJR Group was taking this seriously and we had to take the required steps to make sure that they do take it seriously, (so that people) in the market recognise SportsMax's intellectual property right...," McIntosh said.
When contacted about the matter yesterday evening, Deputy Chairman of the RJR Group Gary Allen told the Observer that he was aware of the issue.
"I am aware of an issue which is being addressed by our attorneys and their (SportsMax's) attorneys," Allen said. "I am not aware, at this point, that it has reached a point where I can make any further comment on it because I have to respect the fact that the attorneys are trying to resolve what ever issue exists," the deputy chairmain added, noting that his attorneys were awaiting a response up to press time.
It is understood that the suit alleges that TVJ-SN broadcast content that belongs to SportsMax without authorisation, including the 2007 Copa America finals; which SportsMax is alleging was taken from an illegal feed of United States football broadcaster GOL-TV.
The regional cable company is also alleging that TVJ-SN broadcast the 2007 international friendly between Brazil and England which SportsMax assumes was taken from Fox Soccer Channel.
".And then it happened multiple times, in prime time, which sends a signal that they are broadcasting it, no matter what," McIntosh reasoned.
SportsMax, which is the rights holder of Fox Soccer Channel in Jamaica, is also the exclusive rights holder for the COPA America and England national football team home matches, through its parent company International Media Content.
"We take these copyright infringements seriously," McIntosh noted. ".Because it compromises the SportsMax brand which competes on the basis of providing top-class international content exclusively to its subscribers" he explained, noting further that it is unfortunate that the matter had to go to court, particularly because members of the RJR Group's management team hold senior positions on both the boards of the Media Association of Jamaica and the Caribbean Broadcasting Union.
"We want to concentrate on building our business and not on infringement of our rights and lawsuits. Breaches such as these unfairly and negatively impact on our business and compromise the differentiation of SportsMax as a premium channel. We therefore must take steps to stop this immediately," he said.
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