Sky Network Television Ltd v Fairfax New Zealand Ltd - [2016] 3 NZLR 854

Copyright — Infringement — Interim injunction — Fair dealing for news reporting — Sky Network purchased exclusive media rights to Olympic coverage — Sky offered paid supplementary license to local media — Fairfax declined and streamed online footage from Sky’s broadcasts — Fairfax operated beyond bounds of supplementary licence — Whether defence of fair dealing made out — Fairfax's unlicensed use was greater than paid licensees' allowance — Whether serious question to be tried — What weight attached to content of supplementary access licence to define fair dealing — Copyright Act 1994, s 42.

Copyright — Infringement — Exclusive licensee — Sky Network paid for exclusive media rights to Olympic coverage — Sky offered a paid supplementary access scheme to local media — Fairfax declined and streamed online footage from Sky’s Olympic broadcasts — Whether Sky an exclusive licensee — Whether IOC owner required to join exclusive licensee as co-litigant — Copyright Act 1994, ss 123 and 124.