Re: "hot news" myth

On 97-05-28, John Lederer <johnl[_at_]ibm.net> wrote:
>
> Bob Cumbow <cumbr[_at_]perkinscoie.com> wrote:
> >
> > Dan Agin <specpress[_at_]earthlink.net> wrote:
> > >
> > > News is not protected, only the expression of news is protected.
> >
> > This statement is true only in copyright analysis. The common law
> > tort of misappropriation is alive, if not entirely well, in many
> > jurisdictions.
>
> How does that square with the preemption clause of the copyright law
> assuming that the tort is based on a state right?

Sorry for repeating myself after my previous long winded response, but see NBA v. STATS, 105 F.3d 841 (2d Cir. 1997) for the Second Circuit's analysis of the continued viability of the tort of misappropriation.

Bob Penn
<thresshold[_at_]aol.com> Received on Wed May 28 1997 - 23:32:58 GMT