| As Buzzfeed Calls Instagram
Photo Fair Use SDNY Judge Recounts
Her Jury Duty, Voir Dire
By Matthew
Russell Lee, Patreon Maxwell
book
BBC -
Honduras
- CIA
Trial book - NY
Mag
SDNY COURTHOUSE,
Oct 27 – Buzzfeed in the
summer of 2019 ran a piece
about "influencer" Tiffany
Mitchell and her motorcycle,
and used a photo from
Instagram to illustrate it.
Then
they got sued by the
photographer, who copyrighted
the photo on September 5, 2019
- notably through Richard
Liebowitz regarding whom Inner
City Press has previously reported.
On
October 27, 2022, U.S.
District Court for the
Southern District of New York
Judge Coleen McMahon on a
day's delay held a telephone
conference. Inner City Press
covered it.
Buzzfeed has filed a motion to
dismiss, saying that the photo
is not incidental but rather
is the subject of the news
story, and that their use was
transformative and "fair use."
Judge
McMahon called the legal issue
interesting, and said to
expect a ruling on the motion
to dismiss soon.
She had
docketed that the conference
"may be postponed if I am
still on jury duty."
During the
conference she recounted that
she had wanted to be put "in
the box" for voir dire; the
case she said was about a
robbery of a convenience store
with the issue being if the
defendant had a sharp object
and for what
purpose.
Judge
Tingling, she said, may have
played a role in her not being
questioned by the lawyers
during voir dire (which she
said was not proceeding as
well as it could).
This SDNY
case is Whiddon v. Buzzfeed,
Inc., 22-cv-4696 (McMahon)
***
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