12 Sept 2007
MEDIAWORKS NZ LTD & TVWORKS V SKY TV HC AK CIV 2007-404-5674
- Citation
- openlaw-0dcbbf78_4542_487f_8e8d_d22bbc0e5471.pdf
- Court
- High Court
There is a serious question to be tried that Sky's repeated and frequent use of TV3 footage in Sports 365 Headlines, Rugby Highlights and The Cup exceeds fair dealing under s42(2) because it is not genuinely reporting current events but competes with TV3's exclusive exploitation; damages would be difficult to quantify and the balance of convenience favors granting a limited interim injunction preserving TV3's position while allowing specific news/sports news desk programmes to continue under the News Access Agreement.