Who Owns The News? The Latest On Fair Use In The Media

Law360, New York (June 10, 2015, 10:19 AM EDT) -- The question of who owns the news, or at least news reports, and how those reports can be used, has been smoldering for decades. The U.S. Supreme Court devised the “hot news” concept to offer some protection to the newsgathering function, irrespective of questions of copyright and First Amendment considerations.

The issue had its genesis in the “hot news” misappropriation doctrine established almost 100 years ago in International News Service v. Associated Press.[1] There, the court found a right in the news content separate from any...
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