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Sky heading for trial over Olympic

NZN 12/08/2016 Pattrick Smellie

Sky TV is mulling a High Court challenge for use by Fairfax Media of video from the Olympic Games in Rio de Janeiro.

Sky lost a High Court challenge against Fairfax's use of footage on the website, which it claimed breached the 'fair use' provisions of the Copyright Act that allow rival publishers to use snippets of footage to report the news.

Justice John Fogarty declined an interim injunction application from Sky against Fairfax in an oral judgment in the Auckland High Court.

Sky declined immediate comment afterwards, preferring to see a written judgment first, but has indicated it will take the issue to trial in an effort to define the extent to which an events rights-holder can enforce copyright over the use of footage and other material for which it has paid to own broadcast rights.

Sinead Boucher, group executive editor for Fairfax New Zealand, said Fairfax was "very pleased" by Friday's decision.

"We feel that it vindicates and validates that we are acting fully within the law in the way that we are covering the Olympics," she said.

Fairfax and its rival and would-be merger partner NZME withdrew their reporting teams from Rio rather than agree to Sky's terms governing the use of material it has paid for in non-Sky news outlets.

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