United StatesBarclays Capital Inc. v. Theflyonthewall.com, Inc.
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Decided 20 June 2011 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 reversed the district court and held that Barclays' hot-news misappropriation claim against a financial news aggregator that redistributed analyst recommendations was preempted by the Copyright Act.
The court narrowed the NBA v. Motorola test: a defendant must itself 'endeavor to free-ride on the plaintiff's gathering efforts,' and merely redistributing information already gathered is insufficient to survive § 301 preemption, largely confining viable hot-news claims to situations where the defendant competes in the gathering itself.
What it reaches
Instrument type
a court decision
Categories
Hot news, Snippet reproduction
When LexLint raises it
aggregates_content
Read the law
FindLaw Second Circuit
decision date confirmed from search results as 2011-06-20
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