Says subscription service sells access to its content without permission nor compensation
Fox News Channel sued TVEyes, a $500-per-month TV and radio broadcast search service, for copyright infringement on Tuesday. The suit, filed in U.S. District Court in New York, alleges that TV Eyes makes versions of the cable news network's "award winning programming" available on its site for paid users without Fox News' permission.
The lawsuit accuses TVEyes of misappropriating "the entirety of the works that Fox News has developed at great expense and to reproduce, to distribute, to publicly perform and/or to publicly display verbatim copies of the works" without authorization.
According to the suit, Robert Bruder, director of client relations for TVEyes, admitted that the site was already using Fox News' content when he approached the channel seeking a license to use that work.
"Mr. Bruder notified Fox News that TVEyes had been using Fox News's content without authorization and that TVEyes now sought a license from Fox News in exchange for which it would compensate Fox News," the filing states. "In response, Fox News demanded that TVEyes cease its use of Fox News's content. TVEyes, however, refused to take down the infringing content."
Oh, and then TVEyes created a mobile application, promising subscribers they could "take the power of TVEyes with you everywhere you go."
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It states that, "in addition to high-quality news reporting, Fox News produces creative and expressive programming — including myriad videos, sounds and images — that is original to Fox News."
Fox News is seeking an injunction preventing TVEyes from using its content and unspecified statutory and punitive damages. As the suit alleges that TVEyes' annual revenue is in the "millions of dollars," that'll probably be a pretty penny.
Asked for comment, Fox News' lead outside counsel Dale Cendali told TheWrap: "Fox News had no choice but to file the lawsuit after its many attempts to resolve this amicably failed. Fox News works hard to produce its programming and is committed to protecting it from free rider copiers."
TVEyes did not immediately respond to requests for comment.
Pamela Chelin contributed to this report