Amicus Brief in FOX News Network and TVEyes, Inc.

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Amicus brief filed on behalf of the Internet Archive, various library associations, and the Society of American Archivists arguing that preserving ephemeral media and making television content available for public access constitutes fair use and promotes public discourse and political accountability.

The Samuelson Clinic filed an amicus brief to protect public access to archived TV news clips and political advertisements. The case, between FOX News Network and TVEyes, Inc. was before the Second Circuit Court of Appeals and involved copyright and fair use. In 2013, FOX News Network sued for copyright violations TVEyes, a clip service that records television broadcast content and transforms it into a searchable database for subscribers. In earlier proceedings, the District Court held that TVEyes’ news copying, indexing and clipping service is protected by fair use, as is its feature that allows customers to archive video clips. But the court also held that allowing customers to download video clips, share links to clips via email, and search clips by time and date are copyright infringing. Both parties appealed the District Court decision. The Samuelson Clinic filed an amicus brief on behalf of the Internet Archive, the American Library Association, the Association of College and Research Libraries, the Association of Research Libraries, and the Society of American Archivists. The brief argued that various library associations, and the Society of American Archivists arguing that preserving ephemeral media and making television content available for public access constitutes fair use and promotes public discourse and political accountability.