Scalia Spotlights

Advocacy Clinic On Winning Side In Major Copyright Infringement Case

Fair Use

The Arts & Entertainment Advocacy Clinic at Scalia Law recently earned a big win from the work of its initial group of clinic students. The Second U.S. Circuit Court of Appeals ruled that media monitoring company TVEyes is cheating Fox News out of revenue by failing to pay for some content it resells.

Fox News v. TVEyes, which has been closely watched in the news broadcasting industry, was a project for the first semester of clinic students, which filed its first-ever amicus brief in the Second Circuit in June 2016.

The brief argued that the Southern District Court of New York’s earlier ruling in favor of TVEyes provided an overly broad application of the doctrine of fair use that would undermine the incentives and ability of creators from a variety of disciplines to benefit from the distribution and commercialization of their work in digital form.

“It was such a great opportunity to have worked with my project partner, Mark DeSantis (JD ’16), on drafting and researching for the amicus brief at the appellate court level,” said former clinic student Rachel Kim, who wrote an article on the decision for the Copyright Alliance. “I am incredibly thankful to Professor Aistars for coordinating such amazing projects and for providing guidance on the brief. I'm ecstatic that the decision came out well!”