Court Reinstates Suit Against New Jersey 101.5 Over Picture Use On Website
June 16, 2011 at 3:55 AM (PT)
A three-judge panel of the Third Circuit Court of Appeals has reinstated a copyright lawsuit brought by a photographer against MILLENNIUM Talk WKXW (NEW JERSEY 101.5)/TRENTON, former afternoon co-host CRAIG CARTON (now morning co-host at CBS RADIO Sports WFAN-A/NEW YORK) and afternoon co-host RAY ROSSI.
The NEWARK STAR-LEDGER reports that the suit reinstates a complaint brought by PETER MURPHY alleging that the station and hosts, who made fun of MURPHY after he took their picture for NEW JERSEY MONTHLY magazine's "Best of JERSEY" issue in 2006, used the picture without permission or attribution on the station website and allowed listeners to post altered versions of the photo on the site. A district judge threw the suit out in 2008 but the appeals court has reinstated it, basing the reversal on the Digital Millennium Copyright Act and declaring that posting the unaltered image was not fair use under the act and that credit must be alongside the image rather than embedded in the image.
The ruling, if MURPHY wins the suit, may pose a widespread problem for websites, which routinely use graphics and images as illustrations without detailed credit or with credit embedded as metadata, basing the usage on the fair use standard.