England and Wales Cricket Board and Sky UK Limited vs Tixdaq Limited and Fanatix Limited – High Court finds that copyright in a broadcast of a sporting event can be infringed by the reproduction of eight-second clips.
The High Court (Mr Justice Arnold) has held that the use of an App offering the ability to upload and view clips featuring highlights of cricket matches infringed copyright in the TV broadcast and films contained within that broadcast. The decision is notable for the finding that an eight-second clip can amount to a substantial part of the protected broadcast and the Court’s application of the “fair dealing” defence of reporting current events under the Copyright Designs and Patents Act 1988 (“CDPA”).
In cooperation with Will Smith
