Third Circuit Issues Important DMCA and Fair Use Ruling

The Third Circuit issued important rulings on the issues of DMCA  Section 1202 copyright management information and fair use on June 14, in the appeal of Murphy v. Millenium Radio Group LLC, reversing the district court’s summary judgment in favor of the defendants on both defenses.  In Murphy, the plaintiff was a photographer who was hired by a local magazine to take a cover photo of two radio show hosts, Carton and Rossi.  In that issue, the two hosts were given the dubious honor of being named the “best shock jocks” in New Jersey.  Plaintiff Murphy retained copyright ownership of the cover photo.

An unknown employee of Carton and Rossi’s radio station scanned and cropped the cover photo in a way that removed Murphy’s photo credit, and placed the copy on various websites, including the station’s website, inviting the public to make digital alterations to the photos and submit the new versions to the station.  A number of fans submitted altered version of the photo and the radio station displayed 26 of the submissions on the station’s website. [Read more…]