Decisions in Brief

Decisions in Brief

John C. Gatz

©2015. Published in Landslide, Vol. 7, No. 6, July/August 2015, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

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Fox News Channel Fails to Raise the Victory Flag in Summary Judgment Effort

N.J. Media Grp., Inc. v. Pirro, 113 U.S.P.Q.2d 2010 (S.D.N.Y. 2015). North Jersey Media Group, Inc. (North Jersey) owns the copyright to an iconic photograph taken on September 11, 2001, depicting three firemen raising an American flag over the ruins of the World Trade Center. On September 11, 2013, the Facebook page for Jeanine Pirro’s program on Fox News posted an image that juxtaposed the North Jersey photograph with the iconic photograph of four Marines raising an American flag over Iwo Jima during World War II. The image posted on Pirro’s Facebook page was not created by Pirro or anyone at Fox, but was simply located on the internet by a Fox employee who performed a web search for “9/11.” North Jersey sued for copyright infringement, and Fox moved for summary judgment of non-infringement based on the doctrine of fair use.

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