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Copyrights Entertainment and Sports Law Litigation

Why Second Circuit Found No Fair Use in 'TVEyes' Case

Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News’s viewership and its ability to license its news clips to third parties.

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When the police release an important public safety message, how do they monitor the reporting of that message on TV news broadcasts? Or if a manufacturer issues a product recall, how can it view all news broadcasts commenting on the recall and track the geographic locations in which recall coverage has aired? Many people likely assume that the answer is the Internet. But they would be wrong: only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week.

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