Fox News Sued Over 9/11 Flag Image

A Fox News producer juxtaposed two iconic images in a posting on the Facebook page for the program “Justice with Judge Jeanine.” Fox then found itself embroiled in an infringement lawsuit that is raising some basic questions about the definition of fair use. One image was the Marines hoisting the flag at Iwo Jima, from World War II. The other was of three firefighters raising the flag on 9/11. North Jersey Media Group Inc., which holds the copyright for the 9/11 photo, sued for infringement. Fox moved for summary judgement in a district court, on the grounds of fair use, but was denied, and now is appealing to the Second Circuit.