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While the doctrine of hot news has been around for nearly a century, it was not formally recognized until the United States Supreme Court ruled in 2008 in the case of a theft of INS war reports by the Associated Press. At the time, the most efficient way to spread news was through wire services. Associated Press and the International News Service were two of the largest competitors in this market. These organizations independently hired journalists to cover major events and distribute the articles to their affiliated newspapers across the country.
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In the United States, the U.S. Supreme Court recognized the concept of hot news in NBA v. Motorola. In that case, a company claimed that another company had copied hot news without crediting it. In the Second Circuit, however, the court held that copyright law preempted the plaintiff’s claim. While the doctrine of hot news is not a legal remedy for all cases, it is a valuable concept for the future of technology and publishing.
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The Second Circuit’s findings contradict the NBA’s claim that hot-news misappropriation is equivalent to exclusive copyright rights. However, the second circuit found that the NBA’s contention was not sufficient to protect the exclusive copyright rights it had obtained under Section 106. This ruling also clarifies the scope of the exception against free-riding, and it is unlikely to be ruled against the NBA. So, what’s the legal standard for a hot-news claim?