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The Lawsuit That Won't Die

The lawsuit initiated by a photographer who shot a nude photo of then-"Jersey Guys" Craig Carton (now at WFAN) and Ray Rossi against NJ 101.5 - they used said photo for a website contest, without the photog's permission - and was dismissed last spring, is back - and there's now a new digital angle.
http://www.hollywoodreporter.com/thr-esq/how-two-nude-radio-djs-202003

...whether the removal of a credit in a copyrighted photo rises to a violation of Section 1201 of the DMCA. That section makes it a crime to circumvent copyright protection schemes...

That's right, the DMCA - the Digital Millennium Copyright Act - you'd think the station's owner at the time would be privy to it...

...The Third Circuit justices also take a look at whether the case should have been dismissed as a transformative fair use...

So now any website that offers a "caption contest" of a photo taken by someone at the AP now qualifies for "transformative fair use"?
 
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