ABSTRACT
We need spend no time, however, upon the general question of property in news matter at common law, or the application of the Copyright Act, since it seems to us the question must turn on unfair competition. And, in our opinion, this does not depend upon any general right of property analogous to the common law right of the proprietor of an unpublished work to prevent its publication without his consent, nor is it foreclosed by showing that the benefits of the copyright act have been waived. We are dealing here not with restrictions on publication but with the very facilities and processes of publication. The peculiar value of news is in the spreading of it while it is fresh; and it is evident that a valuable property interest in the news, as news, cannot be maintained by keeping it secret. Besides, except for matters improperly disclosed, or published in breach of trust or confidence, or in violation of law, none of which is involved in this branch of the case, the news of current events may be regarded as common property.
