3rd Circ. Revives Philly News Anchor's IP Row With Facebook

By Jeannie O'Sullivan (September 23, 2021, 9:21 PM EDT) -- A split Third Circuit panel revived a Philadelphia-based TV journalist's intellectual property lawsuit over the unauthorized use of her photo on Facebook, ruling in a precedential decision that her Pennsylvania state-law claims are exempt from the broad immunity afforded to BigTech.

Noting the "precious few" precedents interpreting a Communications Decency Act carveout at the core of the complaint by Karen Hepp, the co-anchor of Fox 29's "Good Day Philadelphia," the panel looked outside the circuit for guidance. The appeals judges found it in a New York federal court's ruling in Atlantic Recording Corp. v. Project Playlist Inc., which held that the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!