No Rehearing On 3rd Circ.'s Split Facebook Photo IP Ruling

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By Jeannie O’Sullivan (November 17, 2021, 5:53 PM EST) — The Third Circuit on Wednesday declined to grant Facebook Inc.’s bid for a full-court review of a panel’s split decision in favor of a Philadelphia-based television anchor who sued the social media giant over the unauthorized use of her photo on its site.

The order denying Facebook’s en banc review leaves intact a split panel’s Sept. 23 ruling that the Communications Decency Act allows state law intellectual property claims to proceed despite the broad immunity Big Tech companies can use to fend off lawsuits over site content.

The basis of Good Day Philadelphia co-anchor Karen Hepp’s IP claim was that the use…

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