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TVEyes Asks Supreme Court to Take Up Fox News Fair Use Fight

The 2nd U.S. Circuit Court of Appeals' TVEyes decision earlier this year needs Supreme Court review to prevent news channels from using copyright law as protection from research about and criticism of them, TVEyes said in a petition for writ…

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of certiorari filed Wednesday with the Supreme Court. The appellate court reversed a lower court ruling that some TVEyes functions are fair use and found that its redistribution of Fox News content was too broad to be considered fair use (see 1802270025). In its cert petition to be posted in docket 18A117, TVEyes said that with the Supreme Court not getting into copyright fair use issues in more than 20 years, even as digital technology has changed massively, the case is "an ideal opportunity" for confirming that fair use protects research services used in criticism and analysis of copyrighted works. Fox News outside counsel didn't comment.