Wednesday, February 18, 2009

The Hot News Doctrine

A copyright infringement lawsuit filed last year by the Associated Press against AHN Media Corp. hurdled a big stumbling block when a federal judge allowed AP to proceed with the case. The lawsuit was based on AHN's alleged redistributing of news stories on the internet by copying AP's stories from websites that legitimately carry them.

The court applied the hot news doctrine. Although facts are generally not copyrightable, the court held that suit can be brought for the misappropriation and copying of time-sensitive news. Although the doctrine is nothing new, it gains new dimension in terms of adding the internet as a medium by which misappropriation can be committed.

It remains to be seen whether the internet, which dramatically increases the speed at which news travels, will be bogged down by this new development.

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