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The concept of hot news has been recognized by the U.S. Supreme Court, although it has not decided whether or not it is valid. In NBA v. Motorola, the plaintiff claimed that a company was infringing on its hot news. In that case, the court found that copyright law preempted its claim. But the concept of hot news has survived in the Second Circuit and is a viable legal remedy in a few cases.
While copyright laws have changed a few times over the past 100 years, the “hot-news” doctrine was first articulated by the United States Supreme Court in 1918, before the Copyright Act was implemented. During that period, wire services were the fastest way to get news out, and the Associated Press and International News Service were major players. These companies employed journalists to cover events and generate news articles for their affiliated newspapers throughout the country. Those articles, however, can also be used without permission.
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While the case of NBA v. Motorola is an excellent example of a hot news case, it doesn’t apply in all cases. Its findings contradict the NBA’s claim that hot news is equivalent to exclusive copyright rights. In fact, the Second Circuit found in favor of the defendant, concluding that the hot news tort doesn’t apply in all cases. Nonetheless, it remains important to recognize that the hotnews tort is not exclusive.