Wed | Sep 20, 2017

TVJ wins copyright suit against CVM

Published:Wednesday | August 10, 2016 | 8:00 AM

A High Court judge yesterday ruled that aspects of CVM Television’s coverage of the International Association of Athletics Federation (IAAF) World Championships last August violated an exclusive licence obtained by Television Jamaica (TVJ).

The ruling by Justice Bryan Sykes was handed down in the Supreme Court in the landmark copyright case TVJ filed against CVM over the use of footage from the World Championships, held in Beijing, China.

While noting that use of the footage in CVM’s flagship news cast at 8 o’clock did not breach Jamaica’s copyright laws, Sykes found that their usage during the programme ‘Return to the Nest’ was in breach of TVJ’s exclusive licence.

In addition, he found that a number of footage posted on CVM’s social media accounts violated the exclusive licence because they were not protected by the fair use provision of the Copyright Act.

“The use of the clips was not for the purpose of fair dealing for reporting a current event... This conclusion applies to the entire series of ‘Return to the Nest’,” he wrote.

“It matters now whether moving images or still were used. TVJ’s exclusive licence covered all images... It does not matter that CVM did not get the material from TVJ’s feed, once it used material covered by TVJ’s licence and the fair dealing defence does not apply then CVM was in breach of TVJ’s rights,” Sykes continued.

Both sides will return to court on September 21 to determine whether TVJ should be awarded damages.