Fox News Network, LLC v. TVEyes Inc.
||Fox News Network, LLC
||July 30, 2013
||New York Southern District Court
||Foley Square Office
||Alvin K. Hellerstein
|Nature of Suit:
|Cause of Action:
||17:101 Copyright Infringement
|Jury Demanded By:
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|August 25, 2015
OPINION AND ORDER REGULATING ISSUES OF FAIR USE AND GRANTING CROSS-MOTIONS FOR SUMMARY JUDGMENT re: 128 MOTION to File Amicus Brief filed by Professors of Intellectual Property Law, 111 SUPPLEMENTAL MOTION for Summary Judgment filed by Fox News Network, LLC, 110 SUPPLEMENTAL MOTION for Summary Judgment filed by TVEyes Inc., 121 MOTION for Leave to File Brief Amici Curiae filed by Victor Navasky, Eric Alterman, Brave New Films, Fairness and Accuracy in Reporting (FAIR): For the foregoing reasons, TVEyes' archiving function qualifies as fair use, and its downloading and "Date-Time search" functions do not qualify as fair use. Its e-mail ing feature can qualify as fair use, but only if TVEyes develops and implements adequate protective measures. The parties shall meet and jointly propose by September 11, 2015, a schedule for TVEyes to propose such protective measures, for Fox to re spond, and, should the parties fail to reach agreement regarding the sufficiency of TVEyes' measures, for a joint submission for the Court to resolve any disputed issues. If the parties fail to agree to a schedule by September 11, 2015, th ey shall appear for a status conference on Friday, September 18, 2015 in Courtroom 14D to discuss their respective difficulties. The parties also shall suggest an appropriate decree, and advise the Court whether any issue of damages remains. The mo tions for leave to file amici curiae briefs (Doc. Nos. 116, 121, 128) are granted. The briefs were read and considered. The Clerk shall mark those motions, terminated. The Clerk shall also mark the supplemental motions for summary judgment (Doc. Nos. 110, 111), terminated. (Signed by Judge Alvin K. Hellerstein on 8/25/2015) (tn)
|September 9, 2014
ORDER AND OPINION DENYING IN PART AND GRANTING IN PART CROSS MOTIONS FOR SUMMARY JUDGMENT re: 32 MOTION for Summary Judgment filed by Fox News Network, LLC: I hold that TVEyes' database and provision of television clips and snippets of transcript are transformative and thus constitute fair use, protecting it from claims of copyright infringement. The record must be further developed, however, before I can determine whether or not the features that allow searches by d ate and time, and that allow clips to be archived, downloaded, emailed, and shared via social media are integral services and protected by a fair use defense. Counsel shall meet with me for a status conference to discuss the proceedings necessary t o determine the remaining issues on October 3, 2014 at 10:00 a.m. Counsel shall meet prior to the conference, and submit their respective views in a joint letter submitted by October 1, 2014 at noon. The Clerk shall mark the motion (Doc. No. 32) terminated. (Signed by Judge Alvin K. Hellerstein on 9/9/2014) (tn)
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