19 Civ. 9617 (KPF).

464 F.Supp.3d 594 (2020)

Elliot MCGUCKEN, Plaintiff, v. NEWSWEEK LLC, Defendant.

United States District Court, S.D. New York.

Signed June 1, 2020.

Attorney(s) appearing for the Case

Laura Maria Zaharia , Doniger/Burroughs, Brooklyn, NY, Scott Alan Burroughs , Doniger/Burroughs, Venice, CA, for Plaintiff.

Nancy Evelyn Wolff , Lindsay Rebecca Edelstein , Cowan, DeBaets, Abrahams & Sheppard LLP, New York, NY, for Defendant.


Plaintiff Elliot McGucken is a photographer who focuses on landscapes and seascapes. On March 13, 2019, Plaintiff posted on his Instagram account a photograph of an ephemeral lake (the "Photograph") that had appeared in Death Valley, California. The following day, Defendant Newsweek...

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