United StatesNational Basketball Association v. Motorola, Inc.
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Decided 30 January 1997 by the U.S. Court of Appeals for the Second Circuit.
A hot news misappropriation rule binding public and private bodies.
What this law does
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The Second Circuit articulated a five-element test for a hot-news misappropriation claim to survive Copyright Act § 301 preemption: (1) plaintiff generates time-sensitive information at cost; (2) the information is highly time-sensitive; (3) defendant free-rides on plaintiff's efforts; (4) defendant offers a direct substitute; and (5) free-riding threatens plaintiff's continued incentive to produce.
Motorola's real-time sports pager service passed none of the elements and was found not to misappropriate NBA game scores.
What it reaches
Instrument type
a court decision
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Hot news
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Read the law
openjurist.org full-text mirror of 105 F.3d 841 (this instrument's url)
states "Decided Jan. 30, 1997" directly.
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