Explain the “hot news” doctrine and its history.
What will be an ideal response?
Although copyright law does not protect news facts, one mass medium cannot persistently take information from another and present the news as its own. This is called “misappropriation” or “unfair competition.” This concept, sometimes called the “hot news” doctrine, emerged in 1918 when the Supreme Court decided International News Service v. Associated Press. Today, courts find misappropriation of news when (1) a news organization spends money to gather news, (2) the information is time sensitive, (3) a competing person or company uses that information without permission or payment, and (4) the news organization’s ability to gather news is threatened by others’ using the information. The issue particularly arises when a website can instantaneously copy information posted on a different site. In essence, the Court acknowledged that unfair competition allows others to profit from someone else’s effort and expense.
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