2nd Circ. Backs Bloomberg's Fair Use In Swatch Call Case

Law360, New York (January 27, 2014, 5:50 PM EST) -- The Second Circuit on Monday struck down a copyright infringement complaint from Swatch Group Ltd. against Bloomberg LP, ruling that the financial news company's distribution of a recording and transcript of a conference call between company executives and analysts was covered by the “fair use” doctrine.

In a unanimous 50-page opinion, the panel affirmed a 2012 decision from U.S. District Judge Alvin K. Hellerstein granting summary judgment to Bloomberg, offering a thorough analysis of the four-pronged fair use test and determining that the balance of the...
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