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Dying Polar Bear Video In SDNY Lawsuit Cites 2d Circuit Met Summary Order, No Precedent

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

SDNY COURTHOUSE, April 7 – A photographer and a videographer has sued for misuse of their image of a dying polar bear.    

   On February 18 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held a proceeding. Inner City Press covered it.   

One of the defendants, UpRoxx, said they had settled and asked to leave the conference. Judge Rakoff jokes, Why, when it will be so much fun?   

Another defendant said it is settling. It seems like an open and shut case. The video was for sale for $4000 - much less than, say, the $35,000 CNN paid for footage of January 6. But that's another story, in DC.

On April 7, Judge Rakoff held a more detailed argument, and Inner City Press again covered it. The law of embedded social media was much discussed, including being contrasted to a television re-broadcasting company that affirmatively recorded and re-sent out the content.

Judge Rakoff noted that the recent Second Circuit Metropolitan Museum summary order is not a binding precedent, and that the Ninth Circuit is not binding on him.

This case is Nicklen et al v. Mashable, Inc. et al., 20-cv-10300 (Rakoff)


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