The doctrine of “hot news” was first formulated by the United States Supreme Court in 1918. At that time, the Copyright Act had not been passed, and the fastest method of communication was via wire. Companies like the Associated Press and the International News Service competed to supply news articles to affiliated newspapers around the country. These companies employed journalists to cover news events, and to provide them with news articles for publication. However, the AP claims that these news articles violate its copyrights.

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While the National Basketball Association and the NBA have long debated the scope of a “hot news” misappropriation action, courts have largely affirmed the First Amendment right to free speech protection and infringement claims. This important ruling will have implications for both parties and the future of hot news. It will be interesting to see whether the ruling in NBA v. Motorola will affect cases in other jurisdictions. The decision will determine whether the doctrine of hot news can survive.

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