From today's TRI Newsletter: A lower court had tossed the copyright infringement and defamation case brought by photographer Peter Murphy. The Hollywood Reporter says he'd been hired by New Jersey Monthly magazine to shoot a photo of "shock jocks" Craig Carton (now at WFAN, New York) and Ray Rossi. They were apparently naked, standing behind a WKXW sign. The station scanned the copyrighted photo without permission, scrubbed the magazine caption and photo credit, stuck it on its website and invited listeners to play around with it. The photographer's attorney asked the station to knock it off. But then Carton and Rossi ragged on Murphy during their "Jersey Guys" afternoon show, with the suggestion that he's gay. (He's married and has kids.) Murphy sued, but lost at the district court level. Now the Third Circuit Appeals Court reinstates the suit, in what is apparently the first such finding at the appellate level, based on the Digital Millennium Copyright Act. Section 1201 says you can't try to get around copyright protection mechanisms. That provision's usually used in the case of DVDs, for example - not a photograph used by a radio station on a website. WKXW argued that this was fair use and news reporting.