Peter Murphy v. Millennium Radio Grp
650 F.3d 295
3rd Cir.2011Background
- Murphy filed DMCA, copyright infringement, and defamation claims arising from WKXW posting Murphy's image without NJM credit; image depicted Carton and Rossi allegedly nude behind a WKXW sign and was used by NJ Monthly in Best of New Jersey issue; WKXW invited fan manipulation of the image and posted 26 altered versions; Murphy retained copyright to the Image; discovery delays occurred, with a stay and a later June 2009 deadline for a motion to dismiss; district court granted summary judgment to Station Defendants on all counts and Murphy appealed; district court denied 56(f) relief, leading to this appeal
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of CMI under §1202 | Murphy argues CMI includes author-identifying data regardless of automation | Station Defendants argue CMI is limited to electronic/automated systems | CMI not restricted to automated systems; 1202 covers author-identifying data regardless of form |
| DMCA infringement and 1202 claim viability | Removal/alteration of Murphy's name as author constitutes 1202 violation | Removal alone may not violate if not within automated system context | Likely violation; 1202 claim survives under broad CMI scope |
| Fair use defense to copyright infringement | Use of unaltered image on WKXW website negates fair use as transformative and non-news commentary | Use classified as news reporting/transformative | Fair use not established; all four Campbell factors favor Murphy; infringement occurred |
| Discovery and defamation claim remand | Murphy needed deposition of Carton and Rossi; 56(f) motion warranted | District Court denied without adequate analysis | 56(f) remanded; defamation issues retained for discovery |
Key Cases Cited
- Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (U.S. 1994) (parody and transformative use factors; four-factor test for fair use)
- Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001) (circumvention and DMCA §1201 context for rights and protections)
- Princeton Univ. Press v. Mich. Document Servs., 99 F.3d 1381 (6th Cir. 1996) (licensing market considerations in fair use analysis)
- Bill Graham Archives v. Dorling Kindersley Ltd., 448 F.3d 605 (2d Cir. 2006) (consideration of potential licensing revenues in fair use)
- Nunez v. Caribbean Int’l News Corp., 235 F.3d 18 (1st Cir. 2000) (news publication use of photographs; transformative use)
- In re Philadelphia Newspapers, LLC, 599 F.3d 298 (3d Cir. 2010) (limits extraordinary reliance on legislative history; look to plain text)
- IQ Group v. Wiesner Pub., LLC, 409 F. Supp. 2d 587 (D.N.J. 2006) (legislative history supporting broader reading of CMI)
- Textile Secrets Int’l, Inc. v. Ya-Ya Brand, Inc., 524 F. Supp. 2d 1184 (C.D. Cal. 2007) (WIPO treaties and electronic rights management information)