[Reposted from Technollama.co.uk, Link (CC-BY_NC-SA)] How much do you need to reproduce a video or broadcast in order to infringe copyright? In the age of Vine, Periscope and animated gifs, this question has become more important than ever. We now may have a partial answer in the case of England And Wales Cricket Board Ltd v Tixdaq Ltd.
The claimants in the case are Sky and the E&W Cricket Board (EWCB), which own the copyright in most live cricket broadcasts. The defendants operate the website Fanatix, which offers sport news, video and commentary. Fanatix’s users uploaded a considerable amount of 8 second cricket clips to the Fanatix companion app, and these were also available in other social media operated by the defendants. The claimants argue that these clips infringe their copyright, while the defendants argued that these fall under fair dealing for reporting and news coverage. Interestingly, the defendants also used an intermediary liability defence, arguing that they were simply mere conduits and hosting content uploaded by third parties.