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...

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