Swatch Group v. Bloomberg, No. 12-2412 (2d Cir. 2014)Annotate this Case
Swatch filed suit against Bloomberg for copyright infringement after Bloomberg obtained a copy of a recording of a conference call convened by Swatch to discuss the company's recently released earnings report with invited investment analysts. Bloomberg used the sound recording without authorization and disseminated it to paying subscribers. The district court granted summary judgment in favor of Bloomberg based on Bloomberg's affirmative defense of fair use pursuant to the Copyright Act, 17 U.S.C. 107. After balancing the fair use factors, the court concluded that Bloomberg's use was fair use. The court granted Swatch's motion to dismiss Bloomberg's cross-appeal where Bloomberg lacked appellate standing and the court lacked appellate jurisdiction. Accordingly, the court affirmed the judgment of the district court and dismissed the cross-appeal.
The court issued a subsequent related opinion or order on May 30, 2014.