The case, launched earlier this year by Agence France Presse, with Getty Images, the ABC and CBS television networks and CNN as co-defendants against the photographer, accused Morel of engaging in "an antagonistic assertion of rights," after he objected to the use by AFP of images he posted online on the Twitpic and Twitter services.

The images were of the 12 January earthquake, which hit Haiti and killed more than 230,000 people. When the disaster hit, Morel was in Port-au-Prince. According to a counter-claim he filled against Agence France Presse, Morel spent most of that day photographing. And with the help of a friend, he created a Twitter account with the username "PhotoMorel" where he posted, through the Twitpic service, 13 images he had taken that day.

Morel accuses AFP of distributing and selling his images without prior permission, and he has counter-sued, alleging that AFP had violated the Copyright Act of 1976, the Digital Millennium Copyright Act and the Lanham Act. Morel also brought those claims against Getty Images, which has a distribution deal with AFP, and CBS, ABC and Turner Broadcasting System, all of which also used Morel’s images without authorisation.

On 23 December, a judge with the Discrit Court of Southern New York quashed Agence France Presse' request to dismiss most of Daniel Morel's claims against the news agency and its co-defendants. The decision, outlined in our extended report here, dealt a blow to AFP and put the Haitian photographer in a stronger position for a possible, upcoming lawsuit.

However, speaking to BJP, Joshua Kaufman, who represents AFP in court, says that the French news agency still expects to come out victorious. "It is very difficult to prevail on a 12(b)(6) motion so we are pleased that the court threw out a significant part of Morel's claim," he says. "We believe we will prevail on the remainder at the conclusion of the case."

A 12(b)(6) motion is usually used, in the US legal system, to throw out a case with insufficient legal theories underlying its cause.

Kaufman adds, however, that Agence France Presse continues to seek an out-of-court settlement with Morel. "AFP has always been and continues to be interested in settling this case but it takes two," he tells BJP.

Morel's legal representatives did not return requests for comment from BJP.

Follow our full coverage of the case:

Court hands Morel his first victory in AFP case (31 December 2010)

Morel to pursue legal case (08 November 2010)

AFP v. Morel: Judges reserves decision in AFP dismissal request (29 September 2010)

AFP v. Morel: the debate rages on (27 September 2010)

Court date set in AFP v. Morel case (22 September 2010)

JFL hits back at critics in AFP/Morel copyright case (14 June 2010)

No Visa support for Morel in Haiti case (09 June 2010)

Agence France Presse's slap to photographers (28 April 2010)