Vondran Legal® - Federal Telecommunications Defense Law Firm - Joe Hand Promotions, Illegal Commercial Broadcast of Boxing PV matches.  If you receive a letter or notice of a lawsuit, call us at (877) 276-5084.  We have helped many companies across the United States, both large and small, resolve these disputes.

Introduction

Broadcasting a boxing match in a bar, restaurant, or similar establishment without obtaining a commercial license is a significant legal risk under U.S. federal telecommunications laws, particularly sections 553 and 605. These sections govern the unauthorized reception and use of cable and satellite signals, and failure to comply can lead to lawsuits from companies like Joe Hand Promotions, which often enforce these rules on behalf of event distributors.
Section 553 pertains to the unauthorized interception or reception of any communications service offered over a cable system, while Section 605 applies to the unauthorized reception and publication of satellite communications. Both sections protect the distribution rights of companies and broadcasters.

Here's why it's essential for businesses to obtain a commercial license:

1.    Avoiding Legal Liability: Unauthorized broadcasting can lead to steep penalties. Under these statutes, businesses can be liable for statutory damages ranging from $1,000 to $100,000, depending on the severity and intent (e.g., whether the violation was willful). These fines can cripple small businesses.

2.    Vigilant Enforcement: Companies like Joe Hand Promotions aggressively monitor and enforce these rights. They frequently conduct investigations to identify businesses that broadcast events without a commercial license, which is often detected via random inspections or tips.

3.    Residential vs. Commercial Licenses: Many businesses make the mistake of using a residential cable or satellite account to broadcast pay-per-view events. However, residential licenses do not cover commercial use, which is why a separate, more expensive commercial license is required. This applies even if the event is shown to a small group of patrons.

4.    Protecting Business Reputation: Being sued for violating telecommunications laws can severely damage a business's reputation. It signals non-compliance and dishonesty to customers and the community, which can have long-lasting negative effects beyond the financial damages.

In short, always obtaining a proper commercial license ensures that businesses stay compliant with federal laws, avoid costly lawsuits, and maintain a positive public image.  This blog discusses Joe Hand Promotions enforcement actions in Florida.

Recent Joe Hand Cases Filed in Florida

In a recent search, I noticed there were 42 open cases and over 200 cases filed in Florida overall.  Here are a few of the open cases.

Sample allegations in their complaints

Here is what you can expect to see Joe Hand allege in one of their federal court complaints in Florida, or other states such as California, Arizona, Texas, Illinois, Ohio, Pennsylvania, and other states:

1. Plaintiff, Joe Hand Promotions, Inc. is a corporation organized and existing under the laws of Pennsylvania with its principal place of business located at 213 W. Street Road, Feasterville, Pennsylvania 19053. Plaintiff held the exclusive commercial license to distribute and authorize the public display of the following Ultimate Fighting Championship® (“UFC”) boxing pay-per-view broadcasts, including all undercard bouts and commentary, for businesses such as the business made the basis of this case: Floyd Mayweather Jr. vs. Logan Paul telecast nationwide on June 6, 2021, UFC 263: Adesanya vs. Vettori 2 telecast nationwide on June 12, 2021, and Jake Paul vs. Anderson Silva telecast nationwide on October 29, 2022, (the “Programs”).
   
   
2. Plaintiff is a company that specializes in distributing and licensing premier sporting events to commercial, non-residential establishments including bars, restaurants, clubhouses, shops, and similar locations. Since 2001, Plaintiff has been the exclusive domestic commercial distributor for the world's premier mixed martial arts promotion company, the Ultimate Fighting Championship®. Over the years, Plaintiff has invested a considerable amount of time and money in building a loyal customer base and retaining customers.
   
   
3. By written agreement, Plaintiff was granted the sole and exclusive license to distribute and authorize the public display of the Programs to businesses such as the Establishment. The broadcasts of the Programs originated via satellite uplink and were subsequently retransmitted interstate to cable systems and satellite television companies via satellite signal. The interstate satellite transmissions of the Programs were electronically coded or scrambled and were not available to or intended for the free use of the general public on the scheduled dates of the Programs.
   
   
4. Plaintiff entered into subsequent agreements with various commercial establishments in the State of Florida that, in exchange for a fee, allowed them to exhibit each of the Programs to their patrons. In consideration of the aforementioned agreements, Plaintiff expended substantial monies to market, advertise, promote, administer, and transmit the Programs to those establishments in the State of Florida.
   
   
5. The Programs were legally available to the Defendants for exhibition in the Establishment only after paying a commercial sublicense fee for each of the Programs to Plaintiff, which fee was determined by the capacity of the Establishment. Defendants, however, chose not to contract with Plaintiff and pay the proper commercial sublicense fees to Plaintiff. Instead, Defendants, themselves and/or through their agents, servants, and/or employees, took affirmative steps to circumvent the commercial sublicensing requirement and unlawfully obtained each of the Programs via a satellite signal or, in the alternative, via a cable signal, whether by misuse of television services, internet, or other devices.In an effort to avoid paying the proper commercial sublicense fees to Plaintiff, some
   methods used by commercial locations to unlawfully obtain the broadcasts of the Programs
   include, but are not limited to, the illegal interception and/or receipt of the Programs via satellite
   signal or cable signal by:
   
   • Intercepting and redirecting cable or satellite service from a nearby residence,
   • Registering their business location as a residence,
   • Moving a cable or satellite receiver from a residence to their business,
   • Obtaining the Programs in violation of the terms of their television service provider
   agreement, and/or
   • Exploiting restricted online access to the Programs by streaming the Programs over
   the internet through a limited number of legitimate online distributors offering the
   Programs only for non-commercial use.
   
   
6. Defendants willfully engaged in wrongful acts to intercept and/or receive each of the Programs for free or at a nominal cost or assisted in such actions, while Plaintiff's legitimate customers paid substantially more for the proper commercial sublicenses. Defendants knew, or should have known, the interception and/or receipt and exhibition of the Programs at their Establishment was not properly authorized.
   
   
7. Defendants intentionally pirated or assisted in the intentional piracy of the Programs for the purpose of their own economic gain. Defendants exhibited the Programs for the commercial purposes of attracting paying customers, patrons, and guests, thereby wrongfully benefiting financially by infringing upon Plaintiff's rights.
8. Defendants did not have license, authorization, permission, or consent from Plaintiff to exhibit any of the Programs in the Establishment.
   
   
9. In addition, by virtue of their position(s) as it relates to the Establishment, Defendant Allan Julius Zanoni had the right and ability to supervise and an obvious and direct financial interest in the activities of the Establishment at all relevant times.

Causes of Action Alleged

Defendants' wrongful actions, in connection with the unauthorized exhibitions of the Programs, as described above, violate 47 U.S.C. § 605. By reason of Defendants' violations of 47 U.S.C. § 605, Plaintiff has standing and capacity to bring a private right of action.

Pled in the alternative, Defendants' wrongful actions, in connection with the unauthorized exhibitions of the Programs, as described above, violate 47 U.S.C. § 553, and by virtue of same, Plaintiff has standing and capacity to bring a private right of action.

Defendants' wrongful actions, in connection with the unauthorized exhibitions of the Programs, as described above, violate (in the alternative to the extent necessary) 47 U.S.C. §§ 605 or 553. 23.

Accordingly, Plaintiff is entitled to judgment in its favor and against each Defendant for statutory damages, in the discretion of this Court, plus interest, costs, and attorney's fees pursuant to 47 U.S.C. § 605 or, alternatively, pursuant to 47 U.S.C. § 553.

Learn more about potential damages and penalties in these cases.

Settlements in these cases can be high, because the federal telecommunications statutes provide for a large range of damages a court can award.

For statutory damages, in the discretion of this Court, of up to the maximum amount of $110,000.00 for each willful violation of 47 U.S.C. § 605, or alternatively, for statutory damages, in the discretion of this Court of up to the maximum amount of $60,000.00 for each willful violation of 47 U.S.C. § 553; 

b. for Plaintiff's attorney's fees, interest, and costs of suit pursuant to 47 U.S.C. § 605(e)(3)(B)(iii) or, alternatively, pursuant to § 553(c)(2)(C).

Contact a Joe Hand Promotions Defense Law Firm

We have helped many clients across the United States resolve allegations of unauthorized broadcast by distributors such as Joe Hand Promotions, G&G Closed Circuit, and J&J Sports Production.  We offer low flat rate fees for non-litigation cases, and we strive to get your case settled quickly and effectively.  Call us at (877) 276-5084.  You can also fill out our contact form on the right side of this page.