Appeal and cross-appeal from a judgment of the United States District Court for the Southern District of New York (Hellerstein, J.), granting summary judgment to the defendant as to the plaintiff’s claim of copyright infringement on the ground that the defendant had engaged in fair use. The plaintiff claims that the defendant, a financial news and data reporting service, infringed the plaintiff’s copyright in a sound recording of a foreign public company’s earnings call with invited investment analysts by obtaining a copy of the recording without authorization and making it available to the defendant’s paying subscribers. We hold, upon consideration of the relevant factors, see 17 U.S.C. § 107, that the defendant’s use qualifies as fair use. We further grant the plaintiff’s motion to dismiss the defendant’s cross-appeal because the defendant lacks appellate standing and we lack appellate jurisdiction.
For the reasons stated below, the defendant’s cross-appeal is DISMISSED, and the judgment of the district court is AFFIRMED.