England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor

England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor

The defendants infringed the claimants' copyrights by reproducing and communicating to the public substantial parts of their broadcasts and films via the app, website, and social media accounts. The use was not for the purpose of reporting current events, nor was it fair dealing, as the primary purpose was sharing and consumption rather than informatory reporting. Even with restrictions in later app versions, the use conflicted with normal exploitation and was not justified by the informatory purpose. Sufficient acknowledgement was often lacking. E-Commerce Directive defences did not apply to editorially controlled content. The infringements were not flagrant.

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 Claim and Counterclaim for Declaration of Non Infringement / Judgment After Trial
Outcome
Judgment for the claimants; defendants found to have infringed copyright; fair dealing defence rejected; counterclaim for declaration of non-infringement dismissed.
Legal Topics
Copyright in Broadcasts and Films, Fair Dealing Defence, Reporting Current Events Exception, Substantial Part Test, E Commerce Directive Liability, Sufficient Acknowledgement, Three Step Test, Mere Conduit and Hosting, Freedom of Expression Vs Copyright
Intellectual Property Copyright Law Media Law Copyright in Broadcasts and Films Fair Dealing Defence Reporting Current Events Exception Substantial Part Test E Commerce Directive Liability +4 more

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 Claim and Counterclaim for Declaration of Non Infringement / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants infringed the claimants' copyrights in television broadcasts and films by allowing users to upload and share short clips via an app, website, and social media accounts.
  2. 2 Whether the defendants' use was protected by the fair dealing exception for reporting current events under section 30(2) of the Copyright, Designs and Patents Act 1988 and Article 5(3)(c) of the Information Society Directive.
  3. 3 Whether the uploaded clips constituted a substantial part of the claimants' copyright works.

Ratio Decidendi

The defendants infringed the claimants' copyrights by reproducing and communicating to the public substantial parts of their broadcasts and films via the app, website, and social media accounts. The use was not for the purpose of reporting current events, nor was it fair dealing, as the primary purpose was sharing and consumption rather than informatory reporting. Even with restrictions in later app versions, the use conflicted with normal exploitation and was not justified by the informatory purpose. Sufficient acknowledgement was often lacking. E-Commerce Directive defences did not apply to editorially controlled content. The infringements were not flagrant.

Court Disposition

Judgment for the claimants; defendants found to have infringed copyright; fair dealing defence rejected; counterclaim for declaration of non-infringement dismissed.

Orders

  • Declaration of copyright infringement against the defendants for versions of the app up to version 8.3, the website, and social media accounts.
  • Declaration that fair dealing defence for reporting current events does not apply to the defendants' use.