Author: Jonathan Band

The Second Circuit’s Fair and Balanced Fair Use Decision in Fox News v. TVEyes

Posted by | Feb 27, 2018 |

[Originally posted on the CCIA’s DisCo Blog, Link] This week is Fair Use Week, so at first blush, the Second Circuit’s decision that TVEyes’s service was not a fair use might appear ironic. However, a closer read reveals that the decision does not in any way undermine the Second Circuit’s recent fair use jurisprudence. As DisCo has previously covered, TVEyes continuously records the audiovisual content of more than 1,400 television and radio channels, imports that content into a database, and enables its clients to view, archive, download, and email to others ten‐minute clips. Fox News sued TVEyes for copyright infringement. In 2014, the district court granted summary judgment to TVEyes. Fox appealed, and now the Second Circuit has reversed the decision below.

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Captured Copyright Law

Posted by | Jan 16, 2018 | ,

A new book by Brink Lindsey and Steven Teles, The Captured Economy, contains important insights on how the U.S. copyright system impedes economic growth and promotes income inequality in America. Lindsey, vice president of the Niskanen Center, describes himself as a libertarian. Teles, a professor of political science at Johns Hopkins University, describes himself as a liberal. Their basic thesis is that powerful corporations and professionals use government regulation to eliminate competition and increase their wealth, thereby promoting inequality and slowing economic growth. Intellectual property law is one of their case studies.

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Finding Fair Use in Unexpected Places

Posted by | Jan 21, 2017 |

[Reposted from the Association of Research Libraries, Link (CC-BY)] In December 2016, strong endorsements of fair use appeared in somewhat unexpected places. First, the Joint Strategic Plan (“JSP”) released by the Office of the...

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