Fox News Network, LLC v. TVEyes, Inc., No. 15-3885 (2d Cir. 2018)Annotate this Case
Fox filed suit against TVEyes for copyright infringement after TVEyes, a media company that continuously records the audiovisual content of more than 1,400 television and radio channels, enabled its clients to watch Fox's programming. The Second Circuit held that TVEyes's actions were not protected by the fair use doctrine. The court explained that, although TVEyes's re‐distribution of Fox's content served a transformative purpose by enabling clients to isolate material and to access it in a conventional manner, such re‐distribution makes available to clients virtually all of Fox's copyrighted content that clients wish to see and hear. Therefore, TVEyes deprived Fox of revenue that properly belongs to the copyright holder. The court reversed the district court's order to the extent that it found fair use; affirmed the district court's order to the extent that it denied TVEyes's request for additional relief; and remanded for entry of a revised injunction.