Lawsuit v Craig Carton & Ray Rossi for use of a Picture of Themselves Reinstated | Bob's Blitz

Lawsuit v Craig Carton & Ray Rossi for use of a Picture of Themselves Reinstated

Photographer Peter Murphy took a picture of then Jersey Boys Craig Carton & Ray Rossi for New Jersey Monthly magazine's Best of Jersey issue in 2006. The two were photographed standing, apparently nude, behind a WKXW sign. The duo posted the pic on the NJ 101.5 website and fans were asked to photoshop it.

Murphy sued for copyright infringement in 2008 as the station did not credit Murphy, which he contended was a copyright infringement and violation of the Digital Millennium Copyright Act. He also sued for defamation, saying that Rossi & Carton said he was gay. U.S. District Judge Joel Pisano dismissed the suit.

Yesterday, the 3rd Circuit Court of Appeals said Pisano got it wrong and reinstated Murphy’s lawsuit. Including the gay part.

NJ.com: "David Korzenik, a lawyer for the radio station and the shock jocks, said the ruling will have a "chilling effect" on members of the media and the public because it creates uncertainty as to what is automated copyright, what triggers liability and what should be included to avoid liability."

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