Lynk Media sues The First Digital over a Burning Man protest video shown in an embedded post

What was filed

Lynk Media LLC v. The First Digital, Inc., No. 1:26-cv-09887 (S.D.N.Y.), is a 10-page complaint filed November 11, 2026, with a jury demand. The plaintiff, Lynk Media LLC, is described as a New York limited liability company based in Queens County, New York. The defendant, The First Digital, Inc., is described as a Delaware corporation based in New York, New York, that owns and operates the website at thefirsttv.com and operates The First, a news and opinion network.

The video

The complaint alleges that an independent videographer and journalist created the video “8.27.2023 Burning Man Protest,” first published it on August 27, 2023, and assigned to Lynk Media by written assignment all right, title, and interest in it, including accrued causes of action. It alleges that the video was registered on September 18, 2023, under Registration No. PA 2-436-843. The Copyright Office public record for PA0002436843, titled “8.27.2023 Burning Man Protest.”, is a motion picture registration dated September 18, 2023, with a first publication date of August 27, 2023, listing an individual author and Lynk Media LLC as claimant by written agreement.

What the complaint alleges

The complaint alleges that on or about August 28, 2023, without permission, the company publicly displayed and distributed the video on its website in an online story at a page address that refers to a climate protest barricade in Nevada. It alleges that the company displayed the video by embedding in its article a post on X by a third-party account that contained an unauthorized copy of an excerpt, and that neither Lynk Media nor the videographer published or authorized that post. The displayed excerpt, the complaint says, was about two minutes long and a verbatim copy of the video's most newsworthy footage, including the moment a ranger's truck drove through the protesters' blockade. Lynk Media first observed the use on November 15, 2023, the complaint says.

According to the complaint, Lynk Media notified the company through counsel on or about May 27, 2024, and the company then disabled access to the article but denied liability, contending that its display was authorized through X's policies and/or protected by fair use.

The claim and the prayer

The First Count, Direct Copyright Infringement under 17 U.S.C. §501 et seq., alleges that the company publicly displayed, distributed, and otherwise exploited the video without authorization in violation of Lynk Media's rights under 17 U.S.C. §106, and alleges, on information and belief, that the infringement was willful. The prayer seeks a finding of infringement; actual damages and disgorgement of profits under 17 U.S.C. § 504(b) or, at Lynk Media's election, statutory damages for each infringement under 17 U.S.C. § 504(c), whichever is larger; an injunction under 17 U.S.C. § 502(a) against infringing use of the video; costs and reasonable attorney's fees under 17 U.S.C. § 505; pre-judgment interest; and other relief the court deems just and proper.