08.04.2016
The Claimants (England and Wales Cricket Board Limited and Sky UK Limited) contended that the Defendants (Tixdaq Limited and Fanatix Limited) had infringed their copyrights under Article 2(d) and (e) of Directive 2001/29/EC ("the Information Society Directive") by uploading a considerable number of clips of broadcasts of cricket matches to one of the Defendats’ mobile applications ("the App"). The Claimants were the owners of the copyrights in television broadcasts, and in films incorporated within such broadcasts, of most cricket matches played by the England men's and women's cricket teams in England and Wales. The Defendants operated a website located at www.fanatix.com ("the Website") and various mobile applications, in particular the fanatix app for use on Apple iPhones and iPads. The Defendants' employees, contractors and users uploaded clips of broadcasts of cricket matches lasting up to 8 seconds to the App where they could be viewed by users. Users could also view such clips on the Website and on the Defendants' Facebook page and Twitter feed ("the Social Media Accounts"). Although the allegations of infringement ranged more widely, it was the App which was at the centre of the dispute. The Defendants denied infringement, relying primarily upon the defence of fair dealing for the purposes of reporting current events and secondarily upon immunities for acting as a mere conduit and hosting. It was decided that the use made of the copyright works uploaded to the App was not for the purpose of reporting current events. The clips were not used in order to inform the audience about a current event, but presented for consumption because of their intrinsic interest and value. The second defense did not succeed either and the conclusion was that the Defendants infringed the Claimants' copyrights in those works.
Source: England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor [2016] EWHC 575 (Ch) (18 March 2016) http://www.bailii.org/ew/cases/EWHC/Ch/2016/575.html
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