Copyright Law | Expert Legal Commentary
May 20, 2009
AP v. All Headline News: Applying the “Hot News” Doctrine to the Internet
Associated Press v. All Headline News Corp.
By
Ryan Smith and Thomas F. Zuber of Zuber & Taillieu LLP
The U.S. District Court for the Southern District of New York refused to dismiss most of the counts of the plaintiff’s complaint. In so holding, the court in Associated Press v. All Headline News Corp., ___ F. Supp. 2d ___, 2009 WL 382690, No. 08 Civ. 323 (S.D.N.Y. Feb. 17, 2009), confirmed the current viability of the “hot news” misappropriation doctrine first set forth by the U.S. Supreme Court in 1918, as well as that doctrine’s applicability to the Internet. Moreover, the District Court furthered a split in authority over the scope of the Digital Millenium Copyright Act’s prohibition against altering copyright management information.
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About the Authors
Ryan Smith is a Partner of Zuber & Taillieu LLP, focusing on entertainment law.
Thomas F. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property protection and exploitation.
Image Credit: ©iStockphoto.com/Entienou