An eight-second clip can be a substantial part of a broadcast/film


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

Nick is a partner in our Intellectual Property Practice, based in London. His practice covers IP disputes and advisory work, with a focus on trade mark, copyright and designs. This includes transactional IP work such as licensing (particularly, trade mark licensing arrangements), and advice on the IP aspects of large scale corporate restructures. He has worked extensively in the sectors of media, technology and communications, sport, aviation and life sciences.

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