The news scimitar. (Memphis, Tenn.) 1907-1926, 1918-12-30
News Is History.

but the news ~element-the iurorma-
ton respecting current events CON
tanned in the literary production--is not
the creation OF the writer, but Is II re-
port OF matters that are ordinarily
publici juris. 1t IL the history OF the
day. 1t is not to he supposed that the
trainers Of tho constitution. when they
empowered congress to promote the
progress OF science and useful arts, by
| securing for limited times to authors
and inventors the exclusive right TO
their respective writings and dlscov-
cries tConst Rrt,,i, sec, 3, par. 81. In
tended TO confer upon one who might
happen to be the first to report a his
toric event the exclusive right for any
period to spread the knowledge Of Il.
we need spend II % time, however,
upon the general question OF property
IN news matter at common law or the
! rpplication Of copyright act, since Il
seems to us the case must turn upon
The question Of unfair competition in
business, And, In our opinion, this
does not depend upon any general
right OF property analogous to the com
mon law right Of tho proprietor Of an
unpublished work to prevent Its pub
liCation without his consent; nor Ia IL
toreclosed by showing that tho hene-
fits Of the copyright act have been
waived, We are dealing here not with
restrictions upou publication, but with
''. ''' f"N'NlN'ta oAl WbttNNtA OF
publication Tho peculiar value OF
news IL the spreading OF II while IL Is
fresh, and it Ia evident that a valu-
able property interest In the news, az
news, can not be maintained by keep
ms II secret. Resides, except for mat
tcrs Improperly disclosed. or published
IN breach Of trust or confidence, or IN
violation Of law. none OF which IA IN,
VOWED in this branch Of the case, The
news or current events may be re-
garded as common property. What we
are. concerned with In the business al
making II known 10 the world in which
both parties TO the present suit are on
gagged, That business consists OF main .
tanning "A prompt, sure, steady and re-
liable service designed 10 place the
daily events OF the world at the break
fast table Of the millions at a pricu
that, while Of trining moment TO each
reader, Is sufficient In the aggregate
TO afford compensation for the coat nj
gathering and distribu,ln II, with thc
added profit SO necessary as an in.
centve TO effective action In the com .
merclal world The service thus nor
formed for newspaper readers Ia no,
only innocent, but extremely useful In
itself. and individually constitutes n
legitimate business. The parties are
competitors In this field, and. on nm.
osmental principles, applicable here as
elsewhere. when the rights or priyI-
leses Of the one are liable TO conflict
with those Of the other, each party il
under n duty so to conduct It's own
business as not unnecessarily or nm
latrly TO injure hat OF the otber
lHitchman Coal company VS., Mitchel,
9t5, L, s.. 229, 96l.) '
Fix Unfairness.
Obviously. tho question of what 4,
unfair competition in business must be
determined with particular reference
10 the character and circumstances OF
the business. The question here is moi
20 much the rights Of either party as
against the public, but their rlchts AZ
J Moat. Q Hare, Sal, ass. And althour h