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Murphy v. Millennium Radio Group, LLC, Craig Carton and Ray Rossi

Millennium Radio reproduced on its website a magazine photograph of two of its disc jockeys, Craig Carton and Ray Rossi, and invited listeners to submit humorous alterations of the photograph.  The photographer sued for copyright infringement and alleged a violation of the Digital Millennium Copyright Act because the station did not include the photographer’s gutter credit on the website.  The district court dismissed all of the allegations on summary judgment and the photographer appealed.  We filed an amicus brief in the Third Circuit on behalf of Brave New Films, which relies on the fair use doctrine to engage in protected political speech and has a profound interest in making sure fair use is not chilled by an overly broad interpretation of the DMCA, an unduly narrow fair use standard or unnecessarily burdensome discovery in copyright cases.