Fox News Sued Over Use of Mexico Border Photo on Website

This is one of several photography usage rights cases brought against Fox News.
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Fox News Channel is getting sued over its use of a 2014 photograph of immigrants crossing the Mexican border.

The plaintiff objects to the use of the photo on Fox's website, accompanying the article, "Report: 94% of Illegal Border Crossers Skip Court Hearings Over 11-Week Period."

The complaint, filed Thursday in New York federal court, alleges that Fox "prominently featured" the photograph without licensing the rights to it. The plaintiff is photojournalist Todd Bigelow, whose "photographs have appeared in many publications around the United States," according to the filing.

Bigelow is seeking redress of between $2,500 and $25,000 for the alleged misappropriation of the photo.

Fox News previously faced copyright claims over its use of 9/11 photographs in the fall of 2014 to mark the commemoration. In that case, Fox argued its use was protected by the doctrine of fair use, which permits the limited use of copyrighted materials for the purposes of commentary and reporting. The dispute settled shortly before trial.

Bigelow is represented by Richard Liebowitz of Liebowitz Law Firm in New York. A Fox News rep said that the network can't comment on pending litigation. 

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