| 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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