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Facebook Can’t Duck Anchor’s Image Rights Suit, 3rd Cir. Says (1)

Sept. 23, 2021, 4:48 PMUpdated: Sept. 23, 2021, 9:03 PM

A Philadelphia news anchor convinced the Third Circuit that Facebook can’t use Communications Decency Act immunity to escape her lawsuit because publicity rights are intellectual property.

Section 230 of the law exempts online platforms from liability for user posts, but a clause in the law says it doesn’t apply to intellectual property claims. Facebook, facing a lawsuit by anchor Karen Hepp, argued a lower court correctly ruled the exemption only applied to federal, not state, IP law.

But the U.S. Court of Appeals for the Third Circuit, in a precedential split decision, said the CDA made no such distinction ...

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