By Victoria Smith Ekstrand
Ekstrand explores the felony protections for the newsman's scoop, the recent information doctrine. This U.S. perfect court docket doctrine, now greater than eighty years outdated, protects evidence for a brief interval after e-book -- in direct competition to U.S. copyright legislations, which dedicates evidence to the general public area. It continues to be hugely debatable, yet tremendous precious – not just to information enterprises who search its protections yet now to others who search to guard proof inside of hugely complicated and ecocnomic electronic databases. even though imperfect and ill-defined, the new information doctrine may possibly provide the simplest measured method of protections for uncopyrighted works added by way of new applied sciences.
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Additional resources for News Piracy and the Hot News Doctrine: Origins in Law and Implications for the Digital Age (Law and Society)
Because the new law specified certain classes of works for protection, it was often left to the courts to decide whether authors of those works not covered by the new law retained a common law right or some other protection. The second challenge was publication. Courts wrestled with defining the moment when a work was dedicated to the public. The intent of the author in publishing was often at issue. S. 153 Both issues were crucial in INS. AP argued that its news was not protected by statutory or common law copyright but rather deserved protection under unfair competition law; INS agreed that AP’s news was not protected by copyright but argued that the news possessed a literary quality and therefore fell under common law copyright.
Despite these significant differences in copyright law, however, INS continues as precedent for the protection of news. S. Supreme Court ruled that news organizations had a limited right in the facts of news under unfair competition law. 154 The majority of these cases dealt with the property and publication of factual market quotations. These cases addressed two primary issues: First, whether the quotations were property owned by the markets that published them, and second, whether the quotations had been published and abandoned to use by the public.
Constitution, adopted in 1868, prohibited states from depriving “any person of life, liberty, or property” without due process of law104 and forced the Court to address the constitutionality of state property regulations. 105 Thus, corporations were permitted to protect their property under the same due process procedures as individuals. The Court also expanded the notion of property to include intangible as well as tangible property. John R. Commons wrote of that time: 34 News Piracy and The Hot News Doctrine The definition of property is changed from physical things to the exchange-value of anything, and the federal courts now take jurisdiction.
News Piracy and the Hot News Doctrine: Origins in Law and Implications for the Digital Age (Law and Society) by Victoria Smith Ekstrand