Logourl black
From our private database of 14,100+ case briefs...

Murphy v. Millennium Radio Group, LLC

United States Court of Appeals for the Third Circuit
650 F.3d 295 (2011)


Facts

New Jersey Monthly (NJM) hired Murphy (plaintiff) to take photographs of two local radio hosts for a feature spread in the magazine. The hosts, Craig Carton and Ray Ross, were photographed to appear naked behind the radio station’s sign, as a visual representation of their designation as the best shock jocks in New Jersey. The radio station, WKXW (defendant), was owned by Millennium Radio Group, LLC (Millennium) (defendant). When Murphy’s image was published in NJM, it appeared with a photo credit to Murphy running in the gutter of the page next to the image. One of WKXW’s employees made a copy of Murphy’s image, excluding the photo credit, and posted it to the station’s website as part of a promotional effort. The station never received permission to publish Murphy’s image. Murphy sued WKXW and Millennium (defendants) under 17 U.S.C. § 1202 for publishing a copy of the photo without including the photo credit. The defendants moved for summary judgment based on a reading of § 1202 that incorporates § 1201 and requires copyright-management information to be included with the work as part of an automated copyright-management system for the work to receive protection against removal. The district court granted the defendants’ motion.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Fuentes, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.