The District Court of the Southern District of New York has applied the doctrine of “hot news” misappropriation in the context of Internet based news headlines. The doctrine was considered by the court to deny a motion to dismiss Associated Press’ claim against All Headlines News, an Internet based news headline aggregation service. The decision is an interesting reminder of the existence of misappropriation in some US states as a separate. Watch video in link below
Video link: http://wp.me/p7PtNj-Zj
Legal context The doctrine of hot news misappropriation was established as a type of unfair competition in 1918 by the US Supreme Court in International News Service v Associated Press. The doctrine serves to protect the ‘quasi-property’ rights of news-gathering organisations in breaking news – time-sensitive content that quickly loses value as it comes into the public realm. Since its origin, misappropriation has survived various changes to the ways in which Federal and State laws interact, albeit in a narrower niche Facts Being a pre-trial motion, the facts as pleaded by AP were assumed as being true and inferences were drawn in favour of the plaintiff. Having said that, many of the facts relevant to the “hot news” decision are relatively uncontroversial as relevant to application of the doctrine.AP is a long established and well known news organisation. AP submitted that it goes to great effort and expense to report original news.