A New York City photographer hit actress Ellen Barkin with a lawsuit Monday for tweeting his photo of her flipping him the bird at Harvey Weinstein’s rape trial.
“Barkin did not license the photograph from plaintiff for the website, nor did Barkin have Plaintiff’s permission or consent to publish the Photograph on the website,” wrote lawyer Richard Liebowitz in the copyright infringement suit filed in Manhattan federal court.
Steven Hirsch, who primarily shoots for The Post, snapped a grumpy Barkin in line outside the Manhattan courtroom Jan. 23.
The Post ran a story titled “Ellen Barkin goes full diva at Harvey Weinstein trial” accompanied by the image of the “Ocean’s Thirteen” actress giving Hirsch the finger.
That same day, Barkin, 65, allegedly snatched the photo from the Post’s website and sent a Tweet under the heading “Mood,” the suit charges.
The tweet, which garnered 1,000 retweets and 15,000 likes, is still on Barkin’s feed.
Hirsch is suing Barkin, the ex-wife of billionaire Ron Perelman, for up to $175,000 in damages.
The “Switch” star tried to get into the front row during the Weinstein case after she was ordered to sit in the back with other members of the public.
Barkin was in court to support “The Sopranos” actress Annabella Sciorra who tearfully told jurors that Weinstein had raped her in 1993 or 1994.
Earlier this month, the disgraced producer was thrown in prison for 23 years for raping hairdresser Jessica Mann in 2013 and sexually abusing production assistant Mimi Haleyi in 2006. The jury did not convict Weinstein of the two counts relating to Sciorra.
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