Torgerson uses iconic 9/11 photo without photographer’s permission

Franklin's photo as used in a stamp. Photo: USPS

Corrected (see end of post): Last time independent congressional candidate Lynne Torgerson had problems with photography, it was for using a stock image of the U.S. Supreme Court building — instead of the House wing of the Capitol where she’d serve if elected — on her website. This time, the Minneapolis attorney is using an iconic 9/11 image on her campaign site without the photographer’s permission.

Torgerson’s recently redesigned campaign site features a photo of firefighters at the World Trade Center following the attacks of Sept. 11, 2001. The image is correctly identified as that of Thomas E. Franklin, although Torgerson also includes a copyright symbol and the identifier “Staff Photographer.” Contacted by the Minnesota Independent, Franklin says, “I did not give Lynne Torgerson permission” and indicated he’d contact her about the unauthorized use.

“I love Minnesota,” he added, “but I do not endorse her or any other candidate.”

The photograph is so iconic that the U.S. Postal Service turned it into a “Heroes” stamp that raised funds to assist families of emergency personnel injured or killed responding to the 9/11 attacks. Franklin was present at the stamp’s March 2002 unveiling with President George W. Bush and 9/11 first responders.

Last November, the Star Tribune’s Eric Roper caught another misused photo: On her website at the time, Torgerson showed a picture not of the House wing of the U.S. Capitol, but of the Supreme Court building.

The photo made it “unclear if Torgerson is ready to give up the law just yet,” Roper wrote. But if an attorney is ignoring copyright in using the memorable 9/11 image suggests perhaps she should brush up on the law a bit longer.

Torgerson, who’s running for the U.S. House seat held by Rep. Keith Ellison, has strong views about Islam, and her campaign site references 9/11 and Ellison’s Muslim “cohorts” various times. Also running in the 5th Congressional District: Republican-endorsed candidate Joel Demos; Independence Party candidate Tom Schrunk;  Barb Davis White and Gregg Iverson, who are running in the DFL primary against Ellison; and progressive Michael Cavlan.

Franklin’s image as it appeared on Torgerson’s site:

Update: In comments, Torgerson says she was given permission to use the image, and an email from Frank Scandale, Franklin’s editor at The Record in New Jersey, confirms that fact and outlines the photo’s terms of use:

Tom Franklin was unaware that the legal department of North Jersey Media Group did indeed  give Lynne Torgerson permission to use the photo on her web site as long as the following copyright notice appeared:  ©2001 The Record (Bergen County, N.J.) Photo by Thomas E. Franklin.

By giving Ms. Torgerson permission to use the photo, The Record was not  endorsing her  candidacy or in any way supporting her views.

Franklin accurately stated he didn’t authorize Torgerson’s use of the image, but the Minnesota Independent should’ve taken the extra step of contacting his paper to inquire further about reproduction rights. We regret the error and apologize to Torgerson.