Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Why Second Circuit Found No Fair Use in 'TVEyes' Case
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.
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 32 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, among other things, 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. 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.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.