July 2011

Second Circuit upholds "hot news" doctrine

A recent case replays the conflict in the famous case of INS v. AP (International News Service v. Associated Press), 248 U.S. 215 (1918), which held that a news organization could stop a rival from selling news it had gathered for a short period when the news was still hot. In effect, the doctrine created a property right against a competitor's use of the information for commercial purposes during the initial sales period. The Second Circuit reaffirmed that doctrine in the case o...

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