January 2015

Exploiting the Innocent But Extremely Useful Trade “Hot News” Review and Update

By Peter J. Caruso II

PUBLISHED IN: Practically Pocket-Sized Guide to Internet Law

In its decision, the FlyOnTheWall panel both significantly restricted the applicability of the “hot news” misappropriation tort and cast a shadow of doubt over an accepted Second Circuit test used to determine whether the “hot news” tort is preempted by federal copyright law.

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