Dear Fiona,
Thank you for taking the time to meet with me yesterday, January 15, to discuss the unauthorized distribution of Aurelius content by StreamNow Holdings, Inc. I found our conversation both illuminating and, frankly, galvanizing — the scope of what you described is significant, and I want you to know that Calderwood & Harkness is very interested in representing Aurelius Global Media Group PLC in this matter.
I have copied Catherine Bloom and Wendy Schultz on this email. Catherine will serve as billing partner on the engagement, and Wendy — a senior associate in our IP litigation practice who has handled several large-scale copyright enforcement actions — will serve as lead associate. They will be joined by Omar Siddiqui, an associate in our IP group who has particular expertise in digital media and DMCA issues. Our primary office for this engagement would be our Los Angeles location at 1999 Avenue of the Stars, Suite 3100, Los Angeles, CA 90067, given the likely forum in the Central District of California.
I wanted to follow up promptly with a detailed summary of my understanding of the matter, a proposed scope of work, document requests, and preliminary engagement terms. I recognize this is a lengthy email, but I think it is important that we are aligned on the facts and the path forward from the outset.
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**I. SUMMARY OF UNDERSTANDING**
Based on our discussion, my understanding of the key facts is as follows. Please correct any inaccuracies.
Aurelius Global Media Group PLC ("Aurelius") is a UK-headquartered public media conglomerate, listed on AIM (ticker: AGLM), with a content library of over 4,200 titles. Aurelius has discovered that StreamNow Holdings, Inc. ("StreamNow") — a Delaware-incorporated streaming aggregation platform headquartered at 3400 Wilshire Boulevard, Suite 1800, Los Angeles, California — has been reproducing, distributing, and publicly performing at least 217 Aurelius-owned audiovisual works without authorization. These works comprise 142 feature films and 75 television series encompassing approximately 1,038 episodes.
The affected titles include several of Aurelius's most valuable properties:
- The **"Meridian" franchise** (6 films, $1.43 billion combined global box office); - The **"Iron Compass" series** (4 seasons, 48 episodes, averaging 9.2 million UK viewers per episode); and - The **"Thornfield" period drama catalog** (12 titles, 7 BAFTA awards).
The infringement appears to have commenced on or about April 1, 2024, and is ongoing — representing approximately 22 months of unauthorized exploitation as of today's date.
Aurelius's Head of Digital Rights Enforcement, **Lena Kowalski**, first discovered the unauthorized content on the StreamNow platform on October 15, 2025, and escalated the matter to you on October 22, 2025. Following that escalation, **Raj Anantharam**, Aurelius's SVP of Content Licensing & Distribution, made an informal inquiry to StreamNow. On November 3, 2025, StreamNow's VP of Content Acquisition, **Sandra Yee**, responded to Raj's inquiry claiming that StreamNow had obtained the content through a sublicense from **Meridian Digital Distributors, LLC** ("MDD"), a California limited liability company (California SOS File No. 202115729430) whose sole member and manager is **Franklin Ogilvie**.
This is where the facts become particularly compelling from an enforcement standpoint. Franklin Ogilvie is a former mid-level licensing manager at **Aurelius Media Americas, Inc.**, Aurelius's wholly-owned Delaware subsidiary. Mr. Ogilvie departed Aurelius Media Americas on June 30, 2021, following an internal investigation into his unauthorized access to Aurelius's content management systems. His separation agreement included non-compete and non-solicitation provisions, as well as an explicit prohibition on the use of Aurelius intellectual property.
Aurelius has never authorized MDD, Franklin Ogilvie, or any intermediary to license these 217 titles — or any other Aurelius titles — to StreamNow or to any other party.
Additionally, StreamNow appears to have sublicensed bundles containing Aurelius content to at least four third-party FAST (free ad-supported streaming television) channel operators, compounding the scope of the infringement.
I also understand that **Bexley Marsh Solicitors LLP**, Aurelius's UK IP counsel, was engaged on November 18, 2025, and recommended on December 5, 2025, that Aurelius retain U.S. counsel for the U.S. copyright claims. That recommendation brings us to the present juncture.
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**II. PROPOSED SCOPE OF PRE-SUIT WORK**
Below is the work we would propose to undertake in the pre-suit phase. I have organized it into eight workstreams.
**1. Copyright Registration Verification**
We will verify U.S. Copyright Office registrations for all 217 titles to determine which have timely registrations — making them eligible for statutory damages and attorneys' fees under 17 U.S.C. §§ 504(c) and 505 — and which may have been registered after infringement commenced, limiting recovery to actual damages and profits. This distinction will materially affect our damages strategy. We propose retaining **Lexington IP Services, Inc.**, a Washington, D.C.-based copyright search firm, to conduct comprehensive registration searches across the Copyright Office's records.
**2. Chain-of-Title Analysis**
We will confirm Aurelius's ownership chain for all 217 works, including any transfers from predecessor entities, work-for-hire documentation, and assignments. Clean title is a prerequisite for standing, and any gaps will need to be addressed before we file.
**3. Factual Investigation**
This workstream has several components:
- Background research on Franklin Ogilvie: his employment history at Aurelius Media Americas, the circumstances of the internal investigation, the terms of his separation agreement, and MDD's formation, operations, and activities since its organization in 2021. - Obtaining and analyzing the purported Content Distribution Agreement between MDD and StreamNow, which Sandra Yee's November 3 email suggests was executed on or about March 15, 2024. We will need the Yee email and any agreement terms that Aurelius may be able to obtain. - Analysis of StreamNow's business model as a "super-aggregator" platform: its corporate structure (majority-owned at approximately 62% by **Pinnacle Ventures Fund III, LP**, following a $145 million Series C round in June 2022), its estimated revenue of approximately $312 million for FY2025, and its operations across 14 countries. This will be relevant to damages, willfulness, and any arguments regarding StreamNow's sophistication and diligence obligations. - Identification and analysis of the four downstream FAST channel sublicensees receiving Aurelius content through StreamNow.
**4. Digital Forensic Analysis**
This is a critical workstream. We propose retaining **CipherTrace Analytics, LLC**, a Menlo Park-based digital media forensics firm led by **Dr. Nathan Frey**, to conduct content fingerprinting, metadata extraction, viewership and traffic analysis, and revenue attribution on the StreamNow platform. Dr. Frey's team has extensive experience with streaming platform forensics and has been qualified as an expert in multiple federal copyright cases. Their analysis will be essential to quantifying the scope of infringement, establishing the duration and scale of unauthorized access, and building the foundation for our damages case.
**5. Legal Analysis**
We will prepare a comprehensive analysis of all claims and defenses, including:
- **Copyright infringement** under 17 U.S.C. §§ 106 and 501 — covering reproduction, distribution, and public performance rights; - **DMCA § 512 safe harbor analysis** — which we believe is likely inapplicable given StreamNow's active curation, monetization, and sublicensing role, distinguishing it from a passive hosting service; - **Willfulness analysis** for enhanced statutory damages (up to $150,000 per work), focusing on StreamNow's failure to conduct adequate diligence on MDD's purported authority; - **Supplemental state law claims**, including unfair competition under California Business & Professions Code § 17200 and tortious interference with Aurelius's existing and prospective licensing relationships; - **Claims against Ogilvie and MDD**, including breach of the separation agreement, fraud, and contributory and inducement of copyright infringement; - **Jurisdictional and venue analysis** for the Central District of California; and - **Statute of limitations** under 17 U.S.C. § 507(b), which provides a three-year limitations period — given the apparent commencement date of April 1, 2024, we are well within the window, but timeliness remains important.
**6. Damages Modeling**
We propose retaining **Hargrove Economic Consulting Group, LLC**, led by **Dr. Elena Vasquez**, to build a preliminary damages model. Dr. Vasquez has testified in over 30 copyright and IP damages matters and is well-regarded in the Central District. The model would cover three damages frameworks: (a) actual damages in the form of lost licensing revenue; (b) disgorgement of StreamNow's profits attributable to the infringing content; and (c) the statutory damages alternative, which could be substantial given the number of works at issue.
**7. Demand and Negotiation**
We will prepare and serve a formal cease-and-desist and pre-suit demand letter to StreamNow, and likely parallel demands to MDD/Ogilvie and the FAST channel sublicensees. The demand will lay out the factual basis for Aurelius's claims, assert the full scope of damages exposure, and establish a settlement negotiation window.
**8. Litigation Readiness**
In parallel with the demand process, we will draft the complaint, TRO and preliminary injunction papers, and supporting declarations, so that we are ready to file promptly if settlement discussions fail or if StreamNow does not cease the infringing activity.
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**III. DOCUMENT AND INFORMATION REQUESTS**
To move forward efficiently upon engagement, I would ask that you arrange for the following materials to be collected and provided to our team as soon as practicable:
1. Franklin Ogilvie's **separation agreement** dated June 30, 2021, and any related amendments, side letters, or modifications.
2. **Internal investigation files** relating to Ogilvie's unauthorized access to Aurelius's content management systems, to the extent not privileged or to the extent Aurelius is willing to share under a common interest arrangement.
3. **Sandra Yee's November 3, 2025 email** to Raj Anantharam, and any related correspondence chain, in which Yee claims MDD sublicense authority.
4. **Licensing records** for the 217 titles at issue — including existing license agreements with authorized platforms, licensing rate cards, and territory/term information.
5. **Copyright registration certificates or records** for the 217 titles, or direction to where these are maintained (whether by Aurelius, Aurelius Media Americas, or Bexley Marsh).
6. Any **internal communications or reports from Lena Kowalski** documenting the October 15, 2025 discovery and her subsequent investigation.
7. Information on Aurelius's **content management and distribution systems**, including architecture overviews, user access protocols, and access logs if available — particularly for the period during and after Ogilvie's employment.
8. Details on any **prior dealings between Aurelius and StreamNow**, so that we can confirm that no authorized relationship exists or has ever existed.
9. **Contact information for Bexley Marsh Solicitors LLP** — I understand they are located at 14 Bedford Row, London — so that we can coordinate on any UK-side issues, including preservation of evidence and any parallel enforcement activity.
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**IV. PRELIMINARY ENGAGEMENT TERMS**
For your consideration, I outline below the proposed fee arrangement. A formal engagement letter will follow upon your confirmation of interest.
**Hourly Rates:** - Marcus Delgado (Responsible Partner): $1,350/hour - Catherine Bloom (Billing Partner): $1,275/hour - Wendy Schultz (Lead Associate): $895/hour - Omar Siddiqui (Working Associate): $725/hour
**Success Fee Component:** 5% of any settlement or judgment recovered in excess of $20 million, capped at $2 million.
**Estimated Pre-Suit Phase Budget:** $485,000, covering all work through demand delivery and initial settlement negotiations, exclusive of expert costs.
**Estimated Expert Costs:** - CipherTrace Analytics (forensic analysis): approximately $175,000 - Lexington IP Services (registration searches): approximately $28,500 - Hargrove Economic Consulting Group (damages modeling): approximately $95,000 - **Total estimated expert costs:** approximately $298,500
**Retainer:** $150,000, to be applied against initial fees and costs.
**Governing Law:** The engagement would be governed by California law.
These terms are, of course, subject to discussion and negotiation. We are committed to working with Aurelius to find an arrangement that reflects the scope and significance of this matter.
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**V. INSURANCE CONSIDERATIONS**
One item I want to flag early: does Aurelius carry any media liability or IP enforcement insurance that might cover litigation costs associated with enforcement actions of this nature? If such a policy exists, timely notice of claim will be important, and we should explore coverage at the outset to ensure Aurelius preserves all available options.
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**VI. NEXT STEPS AND PROPOSED TIMELINE**
Subject to your input, I would propose the following timeline:
| Milestone
A few additional items:
- **Internal Approvals:** Could you confirm whether Aurelius's board of directors or Sir Alistair Pemberton, as CEO, will need to approve the engagement? If there are any internal approval processes or governance requirements we should be aware of, it would be helpful to understand those early so we can accommodate them in the timeline.
- **Litigation Hold:** Upon engagement, we will need to issue a litigation hold notice to both Aurelius and Aurelius Media Americas promptly to preserve all relevant documents and electronically stored information. We will prepare a draft hold notice for your review as part of our initial deliverables.
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**VII. CLOSING**
Fiona, I want to express how enthusiastic our team is about the prospect of working with Aurelius on this matter. The facts as you described them are strong — the scale of the infringement (217 titles over approximately 22 months), the clear absence of any authorization, and the involvement of a former employee who departed under investigation and whose separation agreement expressly prohibited the use of Aurelius IP — all point to a compelling enforcement case with significant damages exposure for StreamNow.
Please do not hesitate to call me directly if you have any questions or would like to discuss any aspect of this email. I am also happy to schedule a follow-up call with the broader team — Catherine, Wendy, and Omar — so that you can meet the people who will be working on this day-to-day.
I look forward to hearing from you.
Warm regards,
**Marcus Delgado** Partner, intellectual Property Calderwood & Harkness LLP 1999 Avenue of the Stars, Suite 3100 Los Angeles, CA 90067 Direct: (310) 555-4218 Mobile: (310) 555-7693 Email: mdelgado@calderwoodharkness.com
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