INS v. AP (“Hot News”), (U.S. 1918) (CR – facts/ UnfairComp. – missappr.)
F:
AP member newspapers feed information into AP. Then made available to
all its members. AP had own reporters and photographers as independent
newsgathering. News reports published by AP East Coast stolen by rival
INS and forwarded to INS’ Midwest and West Coast papers to be published
simultaneously or earlier as AP’s local counterparts. Sometimes totally
copied, sometimes just took the basic facts.
-Facts are not Copyrightable. Public domain.
-Failure to acknowledge source. Kind of customer deception. Unfair competition.
RULE:
There
is a ‘quasi-property’ right in the dissemination of uncopyrightable
information, which is only enforceable against competitors. “Hot news”.
-Beyond the traditional context of ‘passing off’, this case stands for general common property right against ‘misappropriation’ of commercial value (of the fresh news – hot news). Competitive advantage that is illegitimate.
-Temporal limit on injunction.
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