Fox News, TVEyes Clash Over TCA Television Ruling
Fox News Network and TVEyes are at loggerheads over the significance of their fight of the 2nd U.S. Circuit Court of Appeals' decision last month in TCA Television v. McCollum. In a letter (in Pacer) Thursday to the 2nd Circuit,…
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TVEyes said that TCA -- contrary to Fox's assertions -- didn't say that a fair use claim diminishes if it doesn't involve commentary or criticism, but rather that various uses, including criticism, comment, news reporting and research, are appropriate for finding fair use. Fox's letter (in Pacer) argued that TCA held that to be transformative a new work has to use copyrighted work for a purpose or with a difference from that for which it was created. Fox is appealing a U.S. District Court decision that TVEyes' archiving function is fair use, but emailing, downloading and date/time searches aren't, and TVEyes is appealing a subsequent injunction (see 1603180007). The 2nd Circuit decision (in Pacer) on TCA ruled that the verbatim use of a portion of the comedy routine "Who's on First?" in Broadway's Hand to God wasn't fair use but affirmed a lower court's dismissal of a copyright infringement complaint brought by heirs of Bud Abbott and Lou Costello.