News Piracy and the Hot News Doctrine
Annotation Ekstrand explores the legal protections for the newsman s scoop, the hot news doctrine. This U.S. Supreme Court doctrine, now more than 80 years old, protects facts for a short period after publication -- in direct opposition to U.S. copyright law, which dedicates facts to the public domain. It remains highly controversial, but extremely valuable not only to news organizations who seek its protections but now to others who seek to protect facts within highly complex and profitable digital databases. Though imperfect and ill-defined, the hot news doctrine may offer the best measured approach to protections for uncopyrighted works delivered by new technologies.