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The echo of American Fair Use and of its boundaries, in the EU and Italian System. A comparative analysis in the wake of the Fox News victory over TVEyes

De Berti Jacchia Franchini Forlani Studio Legale

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European Union, Italy, USA March 21 2019

After a long copyright lawsuit started in 2013, on January 18, 2019, Fox News informed the New York Federal judges that it had reached a settlement agreement with TVEyes pursuant to which TVEyes is no longer permitted to transmit copyrighted material from Fox News. 

The settlement was reached almost one year after the decision of the Second Circuit (Fox News Network, LLC v. TVEyes, Inc., No. 15-3885, 2d Cir. 2018) stating that the TVEyes’ news monitoring functions other than archiving of video clips do not constitute fair use of Fox’s broadcast and thus infringe copyright of this latter. 

TVEyes is a media monitoring service that allows its users to find and share clips of broadcast programs and that, in exchange of fee from business and professional users, records programming from over 1.400 television and radio stations and compiles the recorded programs into text-searchable databases. The subscribers could not only search the database by keyword or date and time, but also watch, archive, download, and email the ten-minute-long clips contained in the search results. In 2013, Fox sued TVEyes for copyright infringement; while the District Court 

 

De Berti Jacchia Franchini Forlani Studio Legale - Alessandra Tarissi de Jacobis
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