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SAP’s “hot news” doctrine focuses on a particular aspect of copyright law, namely, whether a published work has clear authorship and economic value. It highlights the difference between news and other types of content, especially in the current media environment. While the doctrine emphasizes the value of copyright, the practice of “hot news” is still a complex one, and is often difficult to apply. However, the following are examples of cases where “hot news” has been protected:
In Romania, HotNews was founded in 1999 as a press review for the country’s media. Later, however, it expanded its focus to cover corruption and other current events. It also publishes opinion pieces and video documentaries. Approximately two-three million people visit the website each month. Its content reaches a Romanian and Spanish audience. HotNews’ content has been translated into Spanish and English, and it has been published in both languages.
Fly reportedly acquired the recommendations of Brokers without their permission. This act posed a threat to their financial viability, as the publication would make them public to their prospective clients. Additionally, the publication would limit the Brokers’ ability to collect commission income. And in some cases, Hotnews even copies Brokers’ work. Therefore, the court ruled that Fly’s use of Brokers’ information is protected by the NBA. Once again, this court case is a good example of how not to use your information without permission.
The second circuit’s recent decision in NBA v. Motorola, Inc., illustrates how hot news misappropriation claims are treated. The NBA has argued that hot-news misappropriation is not equivalent to exclusive copyright rights. While the Second Circuit held that the NBA’s claim failed to demonstrate a free-riding claim, it found that hot-news-like claims were not equivalent to the exclusive copyright rights of the plaintiffs.
The Hot News Doctrine was introduced in response to modern business demands. In this case, news has a commercial value dependent on the time of its broadcast. If news is delayed, it loses its value. Consequently, the Hot News Doctrine protects live events telecast around the world. That’s why it’s important to keep an eye on the news, as it plays a crucial role in decision-making. But what exactly is the Hot News Doctrine?