PDF(9781 KB)
The Establishment, Development and Enlightenment of American “Hot News Misappropriation Doctrine”
Chinese Journal of Journalism & Communication ›› 2019, Vol. 41 ›› Issue (7) : 128-146.
PDF(9781 KB)
PDF(9781 KB)
The Establishment, Development and Enlightenment of American “Hot News Misappropriation Doctrine”
The US “hot news misappropriation doctrine” is a US rule that restricts the illegal reprinting of news. It is used to regulate the free-riding behavior of misappropriating news agencies to publish simple factual news. Justifed competition disputes and news production and dissemination of news aggregation websites are very useful. From the perspective of historical traceability, this paper carefully sorts out the establishment and evolution logic and judicial practice of the “hot news misappropriation doctrine” in the US INS case, NBA case, ANH case, Barclays case, Dow Jones case, etc., and discusses the jurisprudence and the signifcance of avoiding the production of news that “endeavoring to reap where it has sown” and protecting labor value of news production with the principle of “sweat-of-the-brow doctrine” to maintain social public interests and fair competition in the news industry.
Hot news misappropriation doctrine / Free-riding behavior / Pure factual news / Unfair competition / Copyright
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