Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i>

That's exactly what media-monitoring service TVEyes did. Specifically, TVNews recorded the broadcasts of 1,400 television and radio stations full-time and then compiled that content into a searchable database using closed captioning and speech-to-text technology. TVEyes then offered its subscribers — which were only businesses and not the general public — the ability to search all news broadcasts in the last thirty-two days via keyword to identify and view relevant 10-minute news clips referencing that keyword. Through the TVEyes service, subscribers could not only view the clips, they could also see the market viewership of each clip based on Nielson ratings, generate maps plotting the geographic locations where the content had been viewed, and create graphics showing the frequency of the viewings. In addition, subscribers could archive, edit, download, and even email the clips. Among TVEyes's subscribers were the White House, the United States Army and Marines, 100 current members of Congress, the Department of Defense, the Associated Press, the American Red Cross, AARP, Reuters, various police departments, and the Association of Trial Lawyers.