Defendant removed photographer’s name from ‘gutter credit’ of photo.  Plaintiff brings Sec. 1202(c) DMCA claim, namely that copyright management information (CMI) had been removed.  Defendant argued that the section refers only to automated CMI.  3rd Circuit:

Therefore, we find that CMI, as defined in § 1202(c),
is not restricted to the context of “automated copyright
protection or management systems.” Rather, a cause of
action under § 1202 of the DMCA potentially lies whenever
the types of information listed in § 1202(c)(1)-(8) and
“conveyed in connection with copies . . . of a work . . .
including in digital form” is falsified or removed, regardless
of the form in which that information is conveyed. In this
case, the mere fact that Murphy‟s name appeared in a printed
gutter credit near the Image rather than as data in an
“automated copyright protection or management system”
does not prevent it from qualifying as CMI or remove it from
the protection of § 1202.14

 

 

Decision 3rd Cir Fair Use Dmca Cmi(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();