Owner of 9/11 Photograph sues Palin & PAC For Copyright Infringement

English: This is an alternate crop of an image...
English: This is an alternate crop of an image already uploaded. See http://commons.wikimedia.org/wiki/Image:Gov._Sarah_Palin_in_Dover,_NH.jpg (Photo credit: Wikipedia)



I’m always surprised when I see that a politician is being sued for copyright infringement. It actually happens more than I thought it would. Senator John MCain has been accused of using a song without permission at least five times. No, Senator, there is no Fair Use of some one else’s copyright work just because you are using it in connection with political speech (if one could even go so far as to make that argument.)


Ownership of copyright is still a mystery to Sarah Palin as well. On September 13, 2013, news broke that Sarah Palin and her political action committee SarahPAC are being sued by North Jersey Media Group Inc., publisher of The Record and Herald News. The lawsuit claims copyright infringing form use of a an iconic photo of firefighters raising the U.S. flag at the World Trade Center following the Sept. 11 attacks.


The lawsuit, North Jersey Media Group Inc. v. SarahPAC, 13-cv-06494, U.S. District Court, Southern District of New York (Manhattan) claims the image are posted on Palin’s Facebook page and her political action committee page, http://www.sarahpac.com


The photo, depicting three firefighters blackened by soot as they raise the flag while standing at ground zero, was taken by Record photographer Thomas E. Franklin. The U.S. Postal Service later sued the image on a stamp called “Heroes,” released in 2002.

Does your business use images for sales, marketing and promotional purposes. Contact me for a free consultation on how to identity, protect and commercialize your creative works or properly use the creative works of others. I can be reahced at (866) 734-2568 or http://www.lsglegal.com & http://www.ecommerceattorney.com.


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