University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2011 "Hot News": The Enduring Myth of Property in News Shyamkrishna Balganesh University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Common Law Commons, First Amendment Commons, Intellectual Property Law Commons, Journalism Studies Commons, Jurisprudence Commons, Legal Remedies Commons, Philosophy Commons, Science and Technology Law Commons, and the Torts Commons Repository Citation Balganesh, Shyamkrishna, ""Hot News": The Enduring Myth of Property in News" (2011). Faculty Scholarship at Penn Law. 704. https://scholarship.law.upenn.edu/faculty_scholarship/704 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. \\jciprod01\productn\C\COL\111-3\COL301.txt unknown Seq: 1 23-MAR-11 11:27 COLUMBIA LAW REVIEW VOL. 111 APRIL 2011 NO. 3 ARTICLES “HOT NEWS”: THE ENDURING MYTH OF PROPERTY IN NEWS Shyamkrishna Balganesh* The “hot news” doctrine refers to a cause of action for the misappropria- tion of time-sensitive factual information that state laws afford purveyors of news against free riding by a direct competitor. Entirely the offshoot of the Supreme Court’s decision in International News Service v. Associated Press, the doctrine enables an information gatherer to prevent a competitor from free riding on its efforts at collecting and distributing timely informa- tion.