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Court rules that content modification may violate Digital Millennium Copyright Act

The court ruled that eliminating the gutter credit from digitally distributed photos might violate the federal Digital Millennium Copyright Act. Message: When you post copyrighted material online, including wire service or other photos, leave it as is, unless you have explicit permission to make changes.

In the midst of several high profile First Amendment cases in recent weeks, including Snyder v. Phelps (PDF) and Brown v. Entertainment Merchants Association (PDF), a case that has flown below the radar may eventually have the largest real-world direct impact on ASNE members. In Murphy v. Millennium Radio Group LLC (PDF), the United States Court of Appeals for the 3rd Circuit considered a complaint by a photographer whose credit was removed from a photograph before it was posted online by a radio station. The court ruled that eliminating the “gutter credit” from digitally distributed photos might violate the federal Digital Millennium Copyright Act. Message: When you post copyrighted material online, including wire service or other photos, leave it “as is,” unless you have explicit permission to make changes.

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