Murphy v. Millennium Radio Group LLC

Murphy v. Millennium Radio Group LLC
Court	United States Court of Appeals for the Third Circuit
Full case name	Peter Murphy v. Millennium Radio Group LLC, Craig Carton, Ray Rossi
Argued	January 25 2011
Decided	June 14 2011
Citation(s)	650 F.3d 295
Holding
The defendants' copying of a magazine picture constituted copyright infringement, and the defendants' removal of the photographer's credit constituted a violation of the DMCA.
Court membership
Judge(s) sitting	Julio M. Fuentes, Michael Chagares, Louis H. Pollak
Case opinions
Majority	Julio M. Fuentes, joined by Michael Chagares, Louis H. Pollak

Murphy v. Millennium Radio Group LLC is a 2011 U.S. Third Circuit Court of Appeals case concerning the Digital Millennium Copyright Act (DMCA), copyright infringement, and defamation with regards to the online posting of a photocopy of a magazine photograph. After New Jersey radio station WKXW 101.5 copied onto its website a magazine picture of two of the station's talk show hosts, Craig Carton and Ray Rossi, the photographer of the picture, Peter Murphy, brought a suit against station owner Millennium Radio Group, as well as Carton and Rossi. The Third Circuit ruled that the station's actions did constitute both a violation of the DMCA and copyright infringement, which vacated the district court's judgment.^[1]

This case marked the first time a circuit court weighed in on the scope of DMCA §1202, which prohibits the removal of Copyright Management Information (CMI). CMI is a collection of facts about the copyright on a work that is somehow attached to that work. The Third Circuit stated that the statute applied to all CMI, and was not limited to CMI in technological systems.^[2]