/cloudfront-us-east-2.images.arcpublishing.com/reuters/5YLBFZB2GNNOJHRDNR2QDV645A.jpg)
(Reuters) - In a side-plot to a protracted copyright case brought by Venezuelan TV network LaTele against Mexican network Telemundo for allegedly copying one of its telenovelas, the 11th U.S. Circuit Court of Appeals ruled Friday that former LaTele president Fernando Fraiz no longer represents the company, having been replaced by a Venezuelan court-appointed committee.
A Miami federal court properly read the Venezuelan court orders to remove Fraiz from his leadership position, and later orders cited by Fraiz didn't change his status, U.S. Circuit Judge Stanley Marcus wrote for a unanimous three-judge panel.
The underlying copyright dispute -- in which LaTele alleged Telemundo's "El Rostro de Analia" ripped off its show "Maria Maria" -- settled in 2019.
LaTele attorney Manny Mesa of the Law Offices of Mesa & Associates said his side was "very pleased" with the ruling and found the opinion "well reasoned and just." Telemundo attorney Greg Herbert of Greenberg Traurig said he felt the ruling was a vindication. Telemundo declined to comment.
Fraiz's attorneys Albert Piantini of Piantini & Associates and Andrew Kassier of Andrew M. Kassier P.A. didn't immediately respond to a request for comment.
LaTele sued Telemundo for copyright infringement in Miami federal court in 2012, when Fraiz was president. In 2014, a Venezuelan criminal court removed Fraiz and appointed a government board called the "Junta Interventora" to take over the company and manage its affairs. Fraiz filed a motion on behalf of LaTele in 2015, arguing he had been framed by a rival in Venezuela for criminal misconduct -- in a scheme he said "goes all the way to the administration of President [Nicolas] Maduro" -- and asking the court to find that he, not the Junta, represented the company.
After staying the case, U.S. District Judge William Dimitrouleas reopened it in 2018, finding the Junta controlled the company, affirming Junta-selected attorney Mesa was counsel of record in the case, and removing Fraiz's attorneys Piantini and Kassier.
Dimitrouleas said the Venezuelan court orders granted the Junta complete authority over the company and discharged Fraiz, and that two more recent orders cited by Fraiz didn't affect the Junta's control.
Fraiz appealed Dimitrouleas' decision to the 11th Circuit in 2018, before the Junta settled with Telemundo. On appeal, Fraiz's attorneys argued Dimitrouleas misread the Venezuelan court orders, and the Junta's attorney and Telemundo asked the court to dismiss the appeal because Fraiz lacked standing.
Marcus, joined by Chief Circuit Judge William Pryor and Circuit Judge Adalberto Jordan, agreed with the Junta and Telemundo on Friday.
The 2014 Venezuelan orders were a "clear and unambiguous grant of authority to the Junta as well as a clear and unambiguous rejection of the company's prior leadership, which primarily included Fraiz," Marcus said.
Marcus also said that later orders cited by Fraiz didn't affect the Junta's role in this case.
"The language of these orders establishes that the Junta has been selected to serve as the oversight board and, therefore, properly controls the business affairs of the company," Marcus said.
The case is LaTele Television C.A. v. Telemundo Communications Group LLC, 11th U.S. Circuit Court of Appeals, No. 19-10030.
For the Junta: Manny Mesa of the Law Offices of Mesa & Associates
For Fraiz: Albert Piantini of Piantini & Associates and Andrew Kassier of Andrew M. Kassier P.A.
For Telemundo: Kimberly Mello and Greg Herbert of Greenberg Traurig
"network" - Google News
August 21, 2021 at 03:29AM
https://ift.tt/2Wf4nhV
11th Circ ends drama over Venezuelan network in telenovela copyright case - Reuters
"network" - Google News
https://ift.tt/2v9ojEM
https://ift.tt/2KVQLik
Bagikan Berita Ini
0 Response to "11th Circ ends drama over Venezuelan network in telenovela copyright case - Reuters"
Post a Comment