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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