What is Copyright Management?

Removal of Copyright Management Information Under DMCA  December 7, 2015 – 12:43 am
Now that the Third Circuit and

Congress adopted the Digital Millennium Copyright Act in 1998, in large part to make circumventing such digital protection measures as encryption unlawful – even when the author has no viable claim for copyright infringement. District courts have struggled to apply the language of 17 U.S.C. § 1202, which creates an independent cause of action for the removal of copyright notices for works published on the Internet. The Third Circuit Court of Appeals is the first appeals court to address this issue in a recent decision.

A reason why district courts have grappled with this section is the statute’s broad implications. Under 17 U.S.C. § 1202, it is unlawful to remove “copyright management information” (CMI) or “distribute, import for distribution or perform” works with the CMI removed “having reasonable grounds to know that it will induce, enable, facilitate or conceal an infringement of any right” under federal copyright law. The broad language of this section, potentially encompassing a wide variety of situations, made some district courts uneasy in its application.

The Third Circuit, however, has given effect to this provision in Murphy v. Millennium Radio Group, LLC. Murphy is a photographer who took photographs of two DJs for New Jersey Monthly magazine. Murphy published these photos with a gutter credit with his name along the edge of the page. A radio station employee copied the photos and posted them online, asking fans to alter the photos in a contest.

Source: McDaniel & Park | Business Law and Intellectual Property Attorneys

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