Chinese Association of Idaho State University (CAISU)
Court Says TVEyes' Fox News Clips Not Fair Use
Court Says TVEyes' Fox News Clips Not Fair Use
A federal appeals court agrees with Fox News Channel that TVEyes' service of copying and providing,Cable Tie Mounts for a price, searchable access to vast quantities of the cable news network's programming is not fair use.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit Tuesday (Feb. 27) overturned a district court decision and upheld an injunction against the practice. TVEyes is a business-to-business service provider with clients including journalists, government and political organizations, and marketers; it is not offered for consumer use.
TVEyes records more than 1,400 TV and radio channels, and provides a database that allows clients, for $500 per month, to search the programming and view up to 10-minute clips, as well as archive those clips.
The court agreed with Fox News that TVEyes' redistribution of the network's content was a transformative use, as fair uses must be, but because it potentially made virtually all of FNC's copyrighted content available, and because the network doesn't get any of the monthly subscriber fees, the service "deprives Fox of revenue that properly belongs to the copyright holder."
The court said TVEyes had failed to show that its product was a fair use and asked the district court to fix its injunction against some parts of TVEyes, which had excluded the clip-searching/viewing function.
The district court had found some functions of the service not to be fair use, including allowing subs to download clips to their own computers, email videos to others and to watch videos after searching for them by date, time or channel rather than keyword, but deemed that enabling clients to search for videos by term, then watch them, and archive them on TVEyes' server was fair use.
A federal appeals court agrees with Fox News Channel that TVEyes' service of copying and providing,Cable Tie Mounts for a price, searchable access to vast quantities of the cable news network's programming is not fair use.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit Tuesday (Feb. 27) overturned a district court decision and upheld an injunction against the practice. TVEyes is a business-to-business service provider with clients including journalists, government and political organizations, and marketers; it is not offered for consumer use.
TVEyes records more than 1,400 TV and radio channels, and provides a database that allows clients, for $500 per month, to search the programming and view up to 10-minute clips, as well as archive those clips.
The court agreed with Fox News that TVEyes' redistribution of the network's content was a transformative use, as fair uses must be, but because it potentially made virtually all of FNC's copyrighted content available, and because the network doesn't get any of the monthly subscriber fees, the service "deprives Fox of revenue that properly belongs to the copyright holder."
The court said TVEyes had failed to show that its product was a fair use and asked the district court to fix its injunction against some parts of TVEyes, which had excluded the clip-searching/viewing function.
The district court had found some functions of the service not to be fair use, including allowing subs to download clips to their own computers, email videos to others and to watch videos after searching for them by date, time or channel rather than keyword, but deemed that enabling clients to search for videos by term, then watch them, and archive them on TVEyes' server was fair use.
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