England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor [2016] EWHC 575 (Ch) (18 March 2016)

England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor [2016] EWHC 575 (Ch) (18 March 2016)

Defendants infringed claimants' copyright by uploading and sharing clips of cricket broadcasts and films via their app, website, and social media accounts. The use was not fair dealing for reporting current events as it conflicted with normal exploitation, was not sufficiently justified by informatory purpose, and did not consistently provide sufficient acknowledgement. Defendants were not entitled to immunity as mere conduit or hosting providers for the infringing acts. The uploaded clips constituted substantial parts of the copyright works.

Citation
[2016] EWHC 575 (Ch)
Parties
Claimant: England and Wales Cricket Board Limited; Claimant: Sky UK Limited; Defendant: Tixdaq Limited; Defendant: Fanatix Limited
Jurisdiction
England and Wales
Judgment Date
18 March 2016
Procedural Posture
Copyright Infringement and Declaratory Relief / Final Judgment After Trial
Outcome
Claimants succeed; defendants found liable for copyright infringement; counterclaim for declaration of non-infringement dismissed.
Legal Topics
Copyright in Broadcasts, Fair Dealing, Reporting Current Events, Mere Conduit and Hosting, Digital Exploitation of Copyright Works
Intellectual Property Copyright Media Law Copyright in Broadcasts Fair Dealing Reporting Current Events Mere Conduit and Hosting Digital Exploitation of Copyright Works

Case Brief

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Parties

England and Wales Cricket Board Limited

Claimant

Sky UK Limited

Claimant

Tixdaq Limited

Defendant

Fanatix Limited

Defendant

Procedural Posture

Copyright Infringement and Declaratory Relief / Final Judgment After Trial

Legal Issues

  1. 1 Whether defendants infringed claimants' copyright in cricket broadcasts and films by uploading clips to app, website, and social media
  2. 2 Whether defendants' use constituted fair dealing for reporting current events under section 30(2) Copyright, Designs and Patents Act 1988
  3. 3 Whether defendants are immune from liability as mere conduit or hosting under E-Commerce Directive and Electronic Commerce Regulations

Ratio Decidendi

Defendants infringed claimants' copyright by uploading and sharing clips of cricket broadcasts and films via their app, website, and social media accounts. The use was not fair dealing for reporting current events as it conflicted with normal exploitation, was not sufficiently justified by informatory purpose, and did not consistently provide sufficient acknowledgement. Defendants were not entitled to immunity as mere conduit or hosting providers for the infringing acts. The uploaded clips constituted substantial parts of the copyright works.

Court Disposition

Claimants succeed; defendants found liable for copyright infringement; counterclaim for declaration of non-infringement dismissed.

Orders

  • Defendants restrained from uploading, sharing, or making available clips of claimants' copyright works via app, website, or social media.
  • Defendants to remove infringing clips from all platforms.