Sporting Clip App is hit for six: tech platform infringes copyright with no defence of fair dealing

A recent High Court decision decided that an App, fanatix, which enabled users to use screen capture technology to make clips of sporting broadcasts of up to 8 seconds long and upload them for sharing was an infringement of the reproduction and making available rights of the copyright owner in the TV broadcasts and films of the sporting fixtures. The defence of fair dealing for the purposes of reporting current events did not apply because the court found that the predominant purpose of the App was to enable the sharing of clips with other users, not the reporting of current events. This primary purpose did not change even when the Defendants took specific steps to meet the copyright owners concerns. (England and Wales Cricket Board & Another v Tixdaq Ltd & Anor [2016] EWHC 575 (Ch), Arnold J, 18 March 2016).

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