A pair of copyright lawsuits over Fox News Network’s use of an iconic photo of three firefighters raising the U.S. flag at the site of the World Trade Center ruins following the Sept. 11 attacks have been settled, an attorney for Fox News said on Tuesday.
North Jersey Media Group (NJMG) “will discontinue its copyright infringement claims against Fox News, and Fox News will discontinue its copyright infringement and unfair competition claims against North Jersey Media,” Dori Ann Hanswirth of Hogan Lovells said in a statement.
The terms of the deal were confidential and a trial set for Tuesday morning did not go ahead as planned. An attorney for NJMG could not immediately be reached for comment.
NJMG, which publishes The Record and Herald News newspapers, owns the rights to the famous photo, which was taken by then-employee Thomas Franklin. For many Americans, the picture became a symbol of resilience after the hijacked plane attacks on New York and Washington in 2001 that killed nearly 3,000 people.
The publisher sued New York-based Fox News, a unit of Twenty-First Century Fox Inc , in 2013 in the U.S. District Court for the Southern District of New York, after Fox placed the photo on the Facebook page of host Jeanine Pirro, juxtaposed with the World War Two photograph of U.S. Marines raising an American flag on Iwo Jima.
Both sides tried to settle the case last year, agreeing to a deal in April 2015, according to court documents. But the next month, the attorneys told Manhattan U.S. District Judge Edgardo Ramos, who presided over the case, that they were unable to finalize a settlement.
The Woodland Park, New Jersey-based publisher also sued Fox in 2014 over the posting of the 9/11 photograph on the Facebook page of another host, Bret Baier. Fox responded by countersuing against NJMG, claiming the publisher posted various Fox News videos without the broadcaster’s permission. The lawsuits were consolidated for trial.
Fox said in court papers heading into trial that its uses of the “visually altered, significantly cropped, and low-resolution versions” of the photo were for the purposes of news reporting or commentary and fell under the “fair use” provisions of the Copyright Act.
The cases are North Jersey Media Group Inc v. Fox News Network, LLC, No. 13-cv-7153, and 14-cv-7630, in the U.S. District Court for the Southern District of New York.
(Reporting by Andrew Chung; Editing by Frances Kerry)
Trump and Kushner ripped on MSNBC for ‘the dumbest, most suicidal, self-sabotaging politics’
Speaking on MSNBC this Tuesday, contributor John Heilman said it's hard to think of a "stupider thing to do politically in the closing days of a campaign" than to insult African Americans.
Heilman was referring to recent comments from Jared Kushner where he said the African American community has to "want to be successful" in order to benefit from Republican policies.
"So what's the dumbest thing you could do if you're Jared Kushner, the son-in-law?" Heilman said. "Go out and say a bunch of racist crap that would not only inflame African Americans, rightly so, but would give the most powerful motivator of Black turnout in the country, Barack Obama, as talking point as powerful as that one -- you heard Obama going after Jared Kushner ... he was driving the message of raising the stakes for that voting cohort that matters so much, is literally the dumbest, most suicidal, self-sabotaging piece of politics I've seen."
Texas social workers will no longer be allowed to discriminate against LGBTQ Texans and people with disabilities
After backlash from lawmakers and advocates, a state board voted Tuesday to undo a rule change that would have allowed social workers to turn away clients who are LGBTQ or have a disability.
The Texas Behavioral Health Executive Council voted unanimously to restore protections for LGBTQ and disabled clients to Texas social workers’ code of conduct just two weeks after removing them.
Gloria Canseco, who was appointed by Gov. Greg Abbott to lead the behavioral health council, expressed regret that the previous rule change was “perceived as hostile to the LGBTQ+ community or to disabled persons.”
Trump says militia that sought to kidnap and kill Michigan’s Gov. Whitmer was ‘maybe a problem, maybe it wasn’t’
In a startling moment during his Michigan rally Tuesday, President Donald Trump implied that the militia that attempted to kidnap and kill Gov. Gretchen Whitmer (D-MI) was maybe or maybe not all that big of a problem.
“People are entitled to say maybe it was a problem, maybe it wasn’t," Trump told his rally.
It's a commonly used tactic by Trump to say things like "people say" or "some say" or raise hypotheticals so that it gives him the ability to say "I don't think that, people do." But he has never been able to cite the actual person that said that to him.
In this case, one would assume all political leaders would oppose kidnapping and killing a political leader regardless of the party to which he or she belongs. In Ohio they've opted for a gentler approach, merely trying to recall Republican Gov. Mike DeWine for his mask mandate.