To commemorate the anniversary of the 911 attack, a producer for Fox News personality Judge Jeanine Pirro  posted to the Facebook page that promotes Judge Pirro’s show an image the producer had found online that featured the iconic photograph of NY firemen raising an American flag at Ground Zero next to a photograph of soldiers

Under the “fair use” doctrine, artists regularly include portions of copyrighted works in books, movies, television programs, music and other artistic works without obtaining licenses from the copyright owners. When one of these uses is challenged, Courts determine whether it was, in fact, “fair” or an unauthorized infringement.

Given the importance of the “fair use”