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Pursuit of Copyright Infringements of the Famous Firefighters Photo by The Record and The Bravest Fund Raises $300,000 More for 9/11 Families
Photo below: Thomas E. Franklin's photo of three heroic firefighters -- Brooklyn-based firefighters George Johnson of Rockaway Beach, Dan McWilliams of Long Island, and Billy Eisengrein of Staten Island -- also became a symbol of American patriotism and a global message that life, and America, would go on.
Photo courtesy of © 2001 The Record (Bergen County, N.J.). Thomas E. Franklin, Staff Photographer
NEW YORK, Aug 7, 2002/ FW/ --- The Record, New Jersey's second largest newspaper, and The Bravest
Fund on August 6 jointly issued a list of properly licensed products featuring the
compelling photograph of the three FDNY firefighters raising the American flag
at Ground Zero on Sept. 11.
The Record, headquartered in Bergen County,
NJ, holds the copyright to the famous Sept. 11 photo taken by its staff
photographer, Thomas E. Franklin. The Bravest Fund is a charity established by
the three firefighters in the photograph (George Johnson, Dan McWilliams, and
Bill Eisengrein).
Both entities issued the list to educate consumers interested
in the photograph and to urge consumers to purchase only licensed products with
that defining photo, since part of the licensing fees benefit their registered
charities -- the North Jersey Media Group Disaster Relief Fund and The Bravest
Fund.
According to Jennifer A. Borg, vice president and general counsel for North
Jersey Media Group, which publishes The Record, "Consumers should buy
only licensed products that have the correct copyright attribution." The
attribution reads '© 2001, The Record (Bergen County, NJ),' and is
followed by the statement: 'A portion of the proceeds from the sale of this
product benefits the North Jersey Media Group Disaster Relief Fund and The
Bravest Fund.
For more information, go to www.GroundZeroSpirit.org
and www.TheBravestFund.com.'"
"Unfortunately, in the months since Sept. 11, we've seen thousands of
unauthorized products, ranging from billboards and posters to statues and pins,
come on the market bearing this image," explained Borg. "While many people might
simply assume that every product with the image benefits a worthy cause, most of
these products are knock-offs that are manufactured and sold illegally, and do
not benefit charities at all."
To date, The Record and The Bravest Fund have collected more than
$300,000 from manufacturers of illegal items and have applied those funds toward
the two charities. More than $600,000 has been recovered in royalties and
settlements combined. In addition to proceeds from the photo, The Record
has independently raised more than $1.3 million for the North Jersey Media Group
Disaster Relief Fund, which has provided financial resources to organizations
serving North Jersey families victimized by Sept. 11.
The Record is assisted in the legal pursuit of copyright violators by
the firefighters' counsel, Bill Kelly of McCarthy & Kelly LLP of New York.
According to Kelly, "The firefighters are not happy that people are illegally
profiteering off the image. These are brave and selfless men. We are using every
legal means at our disposal, including litigation, to ensure that the dignity of
this image is preserved. We're trying to raise public consciousness on the
issues, encouraging people to buy only licensed products, and asking them to
report any illegal products to our law firm."
Thousands of requests for product licenses have been painstakingly evaluated
by both entities. Only those requests that meet several criteria are considered,
including whether or not the proposed use will adhere to the dignity and
principles depicted in the photograph, generate proceeds for the two charitable
funds, and appeal to the widest consumer audiences. More than 40 products have
been licensed to date. A complete list of these licensed products can be found
on www.GroundZeroSpirit.org.
"The photo came to symbolize all the heroes involved in the rescue efforts,
as well as the resolve of the American spirit. We have been vigilant from Day 1
to maintain its integrity and honor the image by carefully managing its use as
much as possible," Borg explained.
Borg added, "In addition to commercial licenses, we have granted hundreds of
requests by firefighters, other rescue personnel, nonprofit organizations,
survivors, and families of the victims who want the photo for personal and/or
their own fund-raising purposes. Fulfilling these requests continues to be our
top priority, and we clearly grant them free of charge."
"Despite our relentless efforts, there are still thousands of illegal
products out there that remain an affront to the image and to those it honors,"
said Borg. "Clearly, its use on promotional material for a strip club or
cigarette lighter, for example, is not in keeping with its inherent dignity."
"We've received calls from all over the world reporting illegal knock offs of
the image," stated Kelly. "I doubt if there has ever been an infringement of a
copyright to this magnitude, which makes it very difficult to police. You can be
sure that the street vendors out there selling this image are neither licensed
nor donating a penny to charity. These are among the most difficult infringers
to pursue. We urge people to not buy anything with the image from street
vendors."
About GroundZeroSpirit.org charities
www.GroundZeroSpirit.org is a centralized site for information
about the photo and the charitable funds supported by both The Record and
the three firefighters featured in the photo.
The North Jersey Media Group Disaster Relief Fund was established on Sept.
11, 2001 to assist the more than 400 grieving families from northern New Jersey
affected by the tragedy. The goal of the fund is to meet these families
longer-term needs, including individual counseling and mental health support
services for survivors, health insurance supplementation, day care support,
educational assistance, and other critical needs. To make a tax-deductible
donation, send checks payable to "North Jersey Media Group Disaster Relief Fund"
to the attention of Jennifer Borg c/o The Record, 150 River Street, Hackensack,
NJ 07601-7155. Tel: 201/646-4490.
The Bravest Fund is dedicated to benefiting firefighters, police officers,
emergency service personnel, and their families. Founded by the three FDNY
firefighters seen in the photo, the fund is dedicated to serving firefighters
and police officers who suffered career-ending injuries or death and are not
covered by existing benefit programs. Donations can be made to The Bravest Fund
by credit card through www.TheBravestFund.com, or by check or money order to "The
Bravest Fund" c/o William P. Kelly, Esq., McCarthy & Kelly LLP, Federal
Plaza, 52 Duane Street, New York, N.Y. 10007. Tel: 212/732-6000.
All donations to North Jersey Media Group Disaster Relief Fund and The
Bravest Fund are fully tax deductible.
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