Photog Sued
AfroPunk Fest But Had Experts Disallowed
So SDNY Trial Canceled PI Mulled
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Oct 30 –
Photographer Mambu Boyoh sued
Afropunk Fest 2015 for
allegedly violating his
copyright. Now the case is
nearing trial, but might be
derailed if his experts are
disallowed.
On October
22 U.S. District Court for the
Southern District of New York
Judge Denise L. Cote held a
final pre-trial conference.
Inner City Press covered it.
Judge Cote
asked about prospective
witnesses, disallowing some as
being put forward too late.
She reserved judgment on the
plaintiff's experts, while
noting that without them, it
would be hard for a jury to
impose damages.
Then on
October 26 Judge Cote ruled
that the two experts are
excluded. The survey evidence
is irrelevant; the other
expert invites speculation,
Judge Cote ruled. She asked
why she should not now dismiss
the case.
Bayoh on
October 27 responded that he
can still seek a permanent
injunction against the use of
his photographs.
Now the
trial has been canceled and
Judge Cote held another phone
conference on October 30,
talking preliminary
injunctions. In fact, Judge
Cote was prepping another
trial. The SDNY doesn't sleep.
The case is KNF
Bayoh v. Afropunk Fest 2015
LLC et al., 18-cv-5820 (Cote)
***
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