Sky has filed "High Court action against TVNZ, Fairfax and NZME alleging the media companies breached the pay TV firm's copyright in their use of rugby video footage," according to Francis Cook of the NEW ZEALAND HERALD. The case follows "the unsuccessful injunction" against Fairfax for use of Olympic footage and "a failed Press Council complaint on the reporting of the wrangle over video" from the Rio Games. TVNZ brought the proceedings to light in "a submission to the Commerce Commission on the proposed merger between Vodafone and Sky where they argued that the pay TV company was limiting New Zealander's access to news." NZME publishes the New Zealand Herald and the company's Managing Editor, Shayne Currie, said that "the proceedings add to a growing list of defendants in copyright litigation from Sky." Currie: "As a news media organization NZME is committed to covering news of national significance for the benefit of all New Zealanders whether they can afford a Sky subscription or not." Currie said the move "shows Sky attempting to extend their 'domination' of sports coverage in New Zealand by limiting how news media can report the news." Currie added, "The Copyright Act preserves the right of the news media to cover the news through 'fair dealing' provisions." Sky spokesperson Kirsty Way alleged the use of footage went beyond "fair dealing." Way: "Very substantial, and in our view totally unacceptable amounts of Sky footage are, at times, being used in news programs. For example, sometimes up to 10 minutes in a 45 minute program." Way said that the submission from TVNZ has "little, if any," relevance to the proposed merger between Sky and Vodafone (NEW ZEALAND HERALD, 11/16).
