RE: Re: The Rights of Major League Baseball

But see Morris Communications Corp., Inc. v. PGA Tour, Inc., 117 F. Supp. 2d 1322 (M.D. Fla. 2000), dealing with the PGA Tour's Real Time Scoring System. This court decided that, unlike basketball where there is only one score available continually to all viewers, the scores of golfers are not normally broadcast in real time and, therefore, the PGA enjoys "hot news" protection for its scores.

Barry P. Miller
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-----Original Message-----
From: Terry Carroll [mailto:carroll[_at_]tjc.com] Sent: Monday, December 01, 2003 3:41 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: The Rights of Major League Baseball

On Mon, 1 Dec 2003, Keith Tabor wrote:

> I have no excuse for forgetting the details, but I do
> remember from law school that there were protections
> for "hot news" that wasn't covered by copyright. the
> cases dealt with war news, if I remeber correctly,
> although I think there is at least one case on
> play-by-play from basketball (?).

NBA v. Motorola, which quite rightly pretty much gutted the pre-Erie case
of International News Service v. Associated Press,248 U.S. 215 (1918).

I found a copy online at
http://law.touro.edu/2ndCircuit/January97/96-7975.html .

-- 
Terry Carroll
Santa Clara, CA
carroll[_at_]tjc.com 


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