Academic journal article Communications and the Law

International News Service V. Associated Press

Academic journal article Communications and the Law

International News Service V. Associated Press

Article excerpt

No. 221. Supreme Court of the United States. Argued May 2 and 3, 1918. Decided Dec. 23, 1918.

On Writ of Certiorari to the United States Circuit Court of Appeals for the Second Circuit.

Suit in equity by the Associated Press against the International News Service. An order of the District Court, granting a preliminary injunction (240 Fed. 983), was modified by the Circuit Court of Appeals (245 Fed. 244, 157 C. C. A. 436), and defendant brings certiorari.

Affirmed.

Copyrights and Intellectual Property k101 99k101. Formerly 243k1 Literary Property.

In considering the general question of property in news matter, its dual character, distinguishing between the substance of the information and the particular form or collocation of words in which the writer has communicated it, must be recognized.

Copyrights and Intellectual Property k101 99k101. Formerly 243k1 Literary Property.

News, regarded as the material out of which rival news-gathering agencies are seeking to make profits at the same time and in the same field, when gathered by one, is "quasi property," though posted on bulletins or published in papers of some of its members.

Copyrights and Intellectual Property k105 99k105. Formerly 243k5 Literary Property.

News furnished by complainant news-gathering agency is not abandoned to the public for all purposes, including its use by a rival, on publication in the paper of a single member of complainant; abandonment being a question of intent, and the entire organization of complainant negativing such a purpose.

Newspapers k7 274k7.

News furnished by complainant news gathering agency is not abandoned to the public for all purposes, including its use by a rival, on publication in the paper of a single member of complainant; abandonment being a question of intent, and the entire organization of complainant negativing such a purpose.

Abandoned and Lost Property k2 1k2. Formerly 1k3.

Abandonment is a question of intent.

Appeal and Error k231(1) 30k231(1).

Under equity rules 43, 44, 28 U.S.C.A. foll. [sections] 723, as to objection by defendant, before or at the hearing, that suit is defective for want of parties, no specific objection of want of parties having been made below, objection because of suit for benefit of members of incorporated cooperative organization being brought by it, instead of them, will be treated as waived.

Federal Civil Procedure k181 170Ak181.

Under equity rule 38, 28 U.S.C.A. foil. [sections] 723, authorizing one or more to sue for all, where the question is one of common or general interest to a numerous class, an incorporated cooperative organization is a proper party, as representing the interest of its members, to conduct a suit in substance brought for their benefit.

Newspapers k7 274k7.

News furnished by complainant news-gathering agency does not, on publication thereof in newspapers of a portion of its members, become the common possession of all, to the extent that defendant, rival in news-gathering, may take it therefrom and transmit it to papers published in competition with those of other members of complainant, allowing simultaneous publication.

Trade Regulation k403 382k403. Formerly 382k68(1).

What is unfair competition in business must be determined with particular reference to the character and circumstances of the business.

Trade Regulation k67 382k67.

To sustain jurisdiction of equity over the controversy of appropriation by one news-gathering agency of news gathered by another such agency, as unfair competition, no general and absolute property in the news as such need be affirmed; the right to acquire property by honest labor or the conduct of a lawful business being as much entitled to protection as the right to guard property already acquired, and furnishing the basis of jurisdiction in the ordinary case of unfair competition. …

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