Careful, That News May Be Hot!

Law360, New York (February 11, 2011, 2:46 PM ET) -- Recent court decisions and Federal Trade Commission proceedings demonstrate a reawakened interest in legal protection of “hot news” — not subject to copyright protection — where an online aggregator, blogger, or other secondary content disseminator makes some use of news stories or other content produced by a news organization or other content provider.

“Hot news misappropriation” is a tort that has laid somewhat dormant for decades, but it is now generating greater attention as the Web poses substantial legal and commercial challenges for many forms of...
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