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A media monitoring service, TVEyes that allows its users to find and share clips of broadcast news was involved in an ongoing lawsuit with Fox News which recently came to a conclusion. TVEyes records and indexes news programs from 1400 stations and allows its subscribers to search for news clips by keywords and access portions of the shows. The lawsuit which started five years ago came to an end when TVEyes declared that it will no longer offer subscribers video clips from Fox News programs.
TVEyes is used by many prominent journalists, politicians and public relations professionals. The monitoring service was taken to court by Fox News in 2013. Initially, TVEyes was winning the lawsuit when U.S. District Judge Alvin Hellerstein agreed with TVEyes that the indexing and excerpting of cable news programming is a transformative use of copyrighted material.
After much debate from both sides, 2nd Circuit Judge Dennis Jacobs concluded that because TVEyes redistribution “makes available virtually all of Fox’s copyrighted audiovisual content – including all of the Fox content that TVEyes’ clients wish to see and hear – and because it deprives Fox of revenue that properly belongs to the copyright holder, TVEyes has failed to show that the product it offers to its clients can be justified as a fair use.”
After the U.S. Supreme Court rejected TVEyes’ request to decide whether its service infringed copyright, TVEyes agreed to stop offering the Fox News material in order to settle the copyright infringement claim by Fox. The settlement avoids any need for a trial to determine monetary damages for copyright infringement.