Court Sustains Infringement Claim over Thomas Franklin’s 9/11 Photo

March 27, 2015

©Associated Press/Joe Rosenthal (left); ©North Jersey Media Group/Thomas E. Franklin (right)

Fox News says that its publication of this combined image was a fair use of Thomas Franklin's iconic 9/11 photograph (right), so an infringement claim should be dismissed.

A federal trial court in New York has refused to dismiss on fair use grounds a claim against Fox News Network for unauthorized use of Thomas E. Franklin’s iconic photograph of firefighters raising the American flag at the site of the World Trade Center on September 11, 2001. Fox News is now seeking a hearing on its fair use arguments...

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