Ellen Barkin has been sued by the photographer who snapped a pic of her flipping the bird at Harvey Weinstein's trial.
Hirsch says he licensed the pic to a NY outlet but never gave Ellen permission to use the photo. Ellen then tweeted the photo on January 23 -- it hasn't been taken down -- with the caption"mood" ... and it racked up more than 1,000 retweets and 15,000 likes.
The photographer is now suing her for damages. We've reached out to Ellen for comment, so far no word back.
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