The Fox News Channel is preparing to defend itself before a jury after coming under fire from the North Jersey Media Group, publisher of The Record and the Herald News, in a copyright dispute, according to The Hollywood Reporter.
The battle is over FNC’s use of an image it posted on social media to commemorate 9/11, with the trial potentially having implications for how fair-use principles are applied to social media.
“At issue in this dispute is a now-iconic photograph taken by Thomas Franklin of three firefighters raising the American flag at the ruins of the World Trade Center site,” THR reports. “On the anniversary of 9/11, Fox News staffers posted the photo on the Facebook pages for shows hosted by Fox News personalities Jeanine Pirro and Bret Baier, alongside another photo of four U.S. Marines raising the American flag on Iwo Jima during World War II. The caption was ‘#neverforget.'”
The newspaper publisher has reportedly previously brought copyright suits over the image against media outlets including CBS, BBC and A&E.