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Plaintiff owns an iconic 9-11 photo. A producer of Defendants Fox News and Jeanine Pirro’s television show posted an image consisting of the 9-11 image juxtaposed with the iconic World War II photograph of Marines raising the flag at Iwo Jima. The image was posted to the Facebook page associated with “Justice With Judge Jeanine,” along with the “#neverforget” hashtag.

Defendants move for summary judgment on the basis of fair use. The court denies the motion.

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