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The Latest: Media company ponders options after court ruling

February 27, 2018

NEW YORK (AP) — The Latest on a decision by a Manhattan federal appeals court that concludes a media monitoring company is cheating Fox News of revenues by distributing video clips. (all times local):

3:45 p.m.

A media monitoring company says it’s looking at its options after a New York federal appeals court says it is cheating Fox News Networks out of revenue by failing to pay Fox for some content it resells.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled Tuesday against TVEyes Inc.

The company distributes television clips and snippets of transcripts to customers. The appeals court said the company is unlawfully profiting off the work of others.

In a statement, Fairfield, Connecticut-based TVEyes says it is disappointed by the ruling. It says it is reviewing the opinion and deciding what to do next. It also says it believes TVEyes offers an “irreplaceable public service to its customers.”

Attorney Dale Cendali, who represented Fox News, calls the ruling “a significant win in the field of fair use law.”

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10:30 a.m.

A New York federal appeals court says a media monitoring company is cheating Fox News out of revenue by failing to pay for some content it resells.

The 2nd U.S. Circuit Court of Appeals ruled Tuesday against TVEyes Inc. The company distributes television clips and snippets of transcripts, including the White House and Congress, to its customers.

The appeals court said the company is unlawfully profiting off the work of others. It said the company’s product was not transformative enough to be considered fair use of the television content.

However, the appeals court noted that Fox News did not challenge the media monitoring company’s creation of a text-searchable database.

A lower court’s ruling already had limited some of TVEyes Inc.’s functions.

Attorneys did not immediate respond to comment requests.

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