foxFAIRFIELD: TVEyes, Inc. has lost in the United States Court of Appeals for the Second Circuit to Fox News Network, LLC, a decision preventing the company from allowing its users to watch video clips excerpted from programming on Fox News. The company had claimed that the clips were not protected by the copyright and available under the fair use doctrine.

TVEyes records television broadcasts and creates a-searchable transcript database. Users pay for TVEyes’s and can view video clips up to ten minutes in length which contain their search terms. TVEyes’s also allows users to download the videos, and even email the clips.

The District Court for the Southern District of New York held that the search and view service was fair use but enabling clients to download and email videos was a violation.

Fox appealed the district court’s holding that the “Watch” function of TVEyes’s service constituted fair use—but did not challenge the district court’s holding that the Search function was fair use.

The complex decision essentially boiled down to the fact that TVeyes used too much of the Fox content, ten minutes of unlimited news video was too significant a portion of Fox’s content considering the amount of time a user would normally watch the news videos.

In a statement, Fairfield, Connecticut-based TVEyes says it is disappointed by the ruling. It says it is reviewing the opinion and deciding what to do next. It also says it believes TVEyes offers an “irreplaceable public service to its customers.”