The Doctrine of Hotnews


The doctrine of Hotnews first emerged in the United States in 1918. It is important to remember that copyright law preempts hot news torts. Hot news, however, may be a viable alternative to copyright. In fact, the concept has already been recognized in five states. However, this is a limited use of the doctrine and depends on the copyright laws in each jurisdiction. The following are some caveats and guidelines to keep in mind.

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A recent case in the Madras High Court has brought the doctrine of Hot News into question. The law largely favors the rights of the content creators in such cases. It is essential to know that the rights to Hot News doctrine applies to video recordings and broadcasts, but it also protects the rights of the creators. As the business expands, it will also continue to affect the copyright landscape. So, be wary of what the future holds.

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In Feist, the Second Circuit held that the “hot-news” misappropriation claim is not equivalent to exclusive copyright rights. The NBA had sought to assert “legal or equitable rights” equivalent to Section106, but the ruling found that this claim was misconceived. Feist also stressed that “free-riding” is a fundamental part of state law, and therefore “free-riding” is a violation of the rights of the creator.