Fox News Settles Lawsuit Over 9/11 Photo

By Mark Joyella 

Fox News has settled a lawsuit over an iconic photo of three firefighters raising an American flag at the World Trade Center site on September 11, 2001. The case had been expected to go to trial beginning Tuesday in a federal courtroom in Manhattan.

The photo, which was reproduced around the world, was also posted to the Facebook pages of Fox News’ Bret Baier and Jeanine Pirro to mark the anniversary of the 9/11 attacks.

North Jersey Media Group, which operates two newspapers, sued Fox News, claiming copyright violation, since the photo had been taken by a photographer working for North Jersey Media. Fox News countersued, citing fair use–setting up a potentially significant legal fight over fair use and photography in social media.


The photo was made into a stamp–and became the subject of some intrigue as the flag shown in the picture is believed to have disappeared.

Fox News, through its outside counsel, Dori Ann Hanswirth of Hogan Lovells, released the following statement to TVNewser:

“Fox News Network, LLC and North Jersey Media Group Inc. have agreed to a confidential settlement of their disputes. As a result of the settlement, North Jersey Media 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.”

Details of the settlement were not released.