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Sinclair, photographer resolve copyright dispute over polar bear video

  • Paul Nicklen accused Sinclair of violating copyright by embedding video
  • Manhattan choose denied Sinclair’s try and dismiss case
  • Court rejected ninth Circuit’s “server test” for web infringement

(Reuters) – Sinclair Broadcast Group has resolved its copyright dispute with Canadian photographer Paul Nicklen, who had accused the corporate of unlawfully embedding his video of a ravenous polar bear in an article about it going viral.

A Tuesday filing in Manhattan federal court docket says the events agreed to dismiss their claims with prejudice, which suggests they cannot be refiled. U.S. District Judge Jed Rakoff had denied Sinclair’s bid to toss the case in July.

Nicklen and his attorneys James Bartolomei of the Duncan Firm, Robert Kaplan of Kaplan Fox & Kilsheimer and Bryan Hoben of Hoben Law did not instantly reply to a request for remark, nor did Sinclair or its lawyer Thomas Sullivan of Ballard Spahr.

Nicklen – a nature photographer, filmmaker and marine biologist – posted a video in 2017 to his Instagram and Facebook accounts that he took of an emaciated polar bear wandering the Arctic. Nicklen sued Hunt Valley, Maryland-based Sinclair and dozens of its native associates for copyright infringement, after Sinclair’s web sites embedded the video in an article.

Sinclair had argued that underneath the ninth U.S. Circuit Court of Appeals’ so-called “server test,” merely embedding the video from social media with out storing a duplicate on its server and displaying it did not infringe Nicklen’s copyright.

But Rakoff had mentioned in his July ruling that the server check is “contrary to the text and legislative history of the Copyright Act,” turning into the second choose within the Manhattan court docket to reject it.

The case is Nicklen v. Sinclair Broadcast Group Inc, U.S. District Court for the Southern District of New York, No. 1:20-cv-10300.

For Nicklen: James Bartolomei of the Duncan Firm; Robert Kaplan of Kaplan Fox & Kilsheimer; and Bryan Hoben of Hoben Law

For Sinclair: Thomas Sullivan of Ballard Spahr

Read extra:

Manhattan choose rejects ‘server check’ for web copyright infringement

Instagram is relying on controversial copyright check to save lots of its picture(s)

Blake Brittain

Blake Brittain experiences on mental property legislation, together with patents, logos, copyrights and commerce secrets and techniques. Reach him at blake.brittain@thomsonreuters.com

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