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Ellen Barkin Tweeted A NY Post Photo of Her Flipping Bird at Weinstein Trial Now Gets Sued

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Sept 8 – During the Harvey Weinstein trial, Ellen Barkin was photographed raising her middle finger - that is, flipping the bird.

  It appeared in the New York Post, Page Six, and Barken then tweeted the photograph.  

  Richard Leibowitz of the Liebowitz Law Firm of Valley Stream, New York sued. 

 On September 8, U.S. District Court for the Southern District of New York Judge Mary Kay Vyskocil held a proceeding. Inner City Press covered and live tweeted it:

Replying to  @innercitypress The Complaint:  "Hirsh photographed actress and producer Ellen Barkin flipping the bird during the Harvey Weinstein trial... on January 23, 2020 Barkin ran the Photograph on [Twitter.] 

Hirsh's lawyer now says that since Barkin is in entertainment, she knew better

Judge Vyskocil: But Ms. Barkin does not dispute that she used the photo. She just says it's fair use. Hirsch's lawyer: But she removed the attribution. If they did a no-contest on liability, things could move faster.

Judge Vyskocil: So what discovery do you need?

Hirsh's lawyer: This is a statutory damages case. So willfulness is relevant. He published it in the New York Post. Removing that is a separate violation.

Judge Vyskocil: So serve your requests by the end of the month. Depose Ms. Barkin by Nov 15.

Barkin's lawyer: We want to see the contract of Hirsh with the New York Post. We doubt it allows him to monetize it like this.

Judge Vykocil: So ask for the contract.

Barkin's lawyer: The counsel that filed this suit [Richard Liebowitz] is known to file lawsuits without the supposed client knowing about it. [Liebowitz himself is not in his proceeding].

Judge Vyskocil: This case should be able to be tried in a day.

The case is Hirsch v. Barkin, 20-cv-2649 (Vyskocil).


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