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Media law news from Abbas Media Law zoom-inWinter 2019 BLACKS CLUB: STILL GOT IT DEPP V HEARD LIBEL BATTLES CONTINUE GOOGLE WINS RIGHT TO BE FORGOTTEN SEINFELD APPEAL SEES OFF COPYRIGHT CLAIM DUKE AND DUCHESS LAWYER UP HARRY AND MEGHAN TAKE ACTION EXCLUSIVE INTERVIEW NATIONAL TREASURE CHRISTOPHER BIGGINS IN THIS ISSUE WINNERS & LOSERS DEFAMATION Heard fi ghts for disclosure of Singer Daniel Johns sues Sydney’s documents from Depp ................... 4 Sunday Telegraph ..........................12 Seinfeld successful in Comedians in Netfl ix Panama Papers fi lm airs despite Cars claim ..................................... 4 legal action ..................................12 BBC agrees to pay Sir Cliff £2m ........ 4 Judge pauses arbitration order in Leaving Neverland claim ................12 Google wins key European de-listing case ............................................. 6 Woman sued for sending WhatsApp messages to family ........................14 MEDIA HAUNTS Netfl ix defeats Narcos copyright claim ............................................ 7 Appeal heard in Geoff rey Rush libel Still got it: how Blacks Club is case ............................................15 recapturing its 1990s magic ........... 24 REGULATION – OFCOM, ASA & IPSO BUSINESS AFFAIRS & RIGHTS PRIVACY & DATA PROTECTION Ofcom calls for greater BBC Abbas Media Law’s production legal Meghan Markle sues Mail on transparency .................................. 8 schedule, setting out the fi ve key Sunday ....................................... 26 stages of TV production and the Katie Price Instagram post breached legal issues producers must Ben Stokes and mother sue CAP Code ..................................... 9 consider. In this issue, we focus on The Sun ....................................... 26 presenter agreements ...................16 BEN TV fi ned over ‘Free Miracle Spring Prince Harry phone-hacking claim .. 27 Water’ claims ................................10 Reality show contestant awarded COPYRIGHT & IP RIGHTS 27 Duke and Duchess of Sussex win IPSO compensation ............................. complaint .................................... 11 Ariana Grande lookalike claim suff ers Estate of Sir Bobby Robson issues setback ........................................18 phone-hacking claim .................... 28 BBC set to dismiss Labour Panorama complaint .................................... 11 Florence Foster Jenkins screenplay dispute – new trial .........................19 CONTEMPT & REPORTING Katy Perry sued over Clinton photo ... 20 RESTRICTIONS Taylor Swi£ copyright battle BBC overturns production order continues .................................... 20 relating to journalist’s note ............. 29 Fair dealing advice ....................... 20 Journalist spared jail a£ er recording court hearing ............................... 29 20 QUESTIONS New guidelines for family court reporting .................................... 30 Jungle monarch and showbiz veteran Christopher Biggins on champagne, Youth anonymity orders to cover all Featurefl ash Photo Agency / Shutterstock.com Featurefl panto and HM The Queen ............. 22 forms of publication ...................... 30 zoom-in Abbas Media Law Editor Nigel Abbas zoom-in is written by the Abbas Media Law team. Features Editor Paul Hunwick We are a niche law fi rm advising on all aspects of Contributing Felicity UK law and regulation aff ecting the television, fi lm, Editors McMahon advertising and publishing industries. Jenny Spearing Founded by Nigel Abbas, we work closely with Gervase de Wilde broadcasters, independent production companies of Paul Schaefer all sizes, and other content producers. Editorial Assistant Lucy Chisholm Batten Abbas Media Law is experienced in advising Sub-editor Damon Syson both before publication or broadcast, working with Art Director Tim Parker creatives to minimise their legal and regulatory risk, as Contact NIGEL ABBAS well as following publication or broadcast, defending ABBAS Media Law content when it – and its producers – come under attack. 1st Floor, 239 Kensington High Street, With particular expertise in television and fi lm, we have advised on thou- London W8 6SN D: +44 207 316 3046 sands of hours of television over the past two decades, across all genres. M: +44 7831 311 080 zoom-in editor Nigel Abbas is also the primary author of Channel 4’s E: [email protected] Producers Handbook. www.abbasmedialaw.com Subscribe to zoom-in Subscribe to zoom-in at abbasmedialaw.com for essential media www.abbasmedialaw.com law and compliance news, analysis and updates. 2 | zoom-in Winter 2019 WINNERS & LOSERS JOHNNY DEPP MUST PROVIDE DRUG AND ALCOHOL RECORDS IN HIS ONGOING DEFAMATION CASE WITH EX-WIFE AMBER HEARD – SEE PAGE 4 Featurefl ash Photo Agency/ Shutterstock.com ash Photo Agency/ Featurefl zoom-in Winter 2019 | 3 WINNERS & LOSERS Our quarterly round-up of high-profi le legal winners and losers (US) Heard fi ghts for proceeding in London, over an article October 2011, but the working rela- disclosure of documents about Depp that was published in tionship between the two broke down The Sun. That case is due to be heard over the credit and compensation he from Depp in 2020. would receive. ■ The US Court battle between One of Heard’s attacks on Depp in Charles sought ownership and Johnny Depp and Amber Heard has Virginia is that he has not disclosed royalties, but Seinfeld wanted him become focused on arguments about documents that he is relying on in to direct episodes on a work-for-hire the disclosure of information relating the English proceedings. Aggressive basis, and the director had no further to Depp’s past. demands for disclosure are a typical involvement after the pair parted ways Depp sued Heard in Virginia, means of putting pressure on claim- in 2012. where neither of them live, in March ants in litigation. It seems likely that Charles then waited until December over an anti-domestic violence article one or both of the claims, which have 2017 to issue his claim for copyright Heard wrote for the The Washington become a key battleground in the ‘Me infringement. This delay was fatal Post in December 2018. He is seeking Too’ and ‘Time’s Up’ movements, may to his claim, explained the judge: $50 million (£38.9m) in damages. be resolved next year. ‘Because Charles was on notice that his Heard previously failed to have ownership claim had been repudiated the case moved to California. She then since at least 2012, his infringement applied to have the claim dismissed (US) Jerry Seinfeld claim is time-barred. His joint author- on the basis that Depp had failed to successful in Comedians ship claim is also time-barred for the allege a truly actionable statement. same reasons. And his request for an This was followed by a successful in Cars claim injunction fails, because it was prem- application for an order granting ■ Comedian Jerry Seinfeld has seen off ised on Charles’ assertion that he is the Heard’s legal team access to any a copyright infringement claim by an sole owner.’ information about Depp’s alleged use erstwhile collaborator over the rights Seinfeld’s attorney called the ruling of narcotics and treatment for drug to his successful Netfl ix show Come- ‘a complete vindication’, saying in a and alcohol abuse. dians in Cars Getting Coffee. statement: ‘Jerry created Comedians in To date, Depp’s team has not A judge in Manhattan has ruled Cars and this lawsuit was nothing but produced all of the document sought that the claim by Christian Charles a money-grab seeking to capitalise on by Heard, prompting a further appli- relating to his involvement in the the success of the show. We are pleased cation to the court by Heard. show, in which a different guest come- that the court saw through the noise Heard has also subpoenaed The dian joins Seinfeld in each episode, and dismissed the case.’ Mandel Group, Depp’s business is barred by the three-year statute The litigation came at a time of management fi rm from 1999 until of limitations which applies to such increasing recognition for the show, 2016, making an application in Los claims in New York. following its move to Netfl ix in 2018. Angeles for records of ‘payments on Charles had worked with the The application of strict rules Mr Depp’s behalf to conceal comedian and star of the epon- regarding limitation shows the acts of violence, payments ymous sitcom since 1994, importance of acting swiftly to resolve to witnesses who and had previously a legal dispute, rather than waiting observed Mr directed adverts until it is clear how valuable any Depp’s violence Depp is seeking featuring Seinfeld, claim might be. and/or helped $50m in damages as well as the 2002 cover it up, over an article Heard road-movie docu- and incidents mentary Comedian. BBC agrees to pay Sir Cliff of violence by wrote for The He claimed that £2m in legal costs Mr Depp’. Washington Post he had pitched the Depp has concept for Comedians ■ The BBC has settled Sir Cliff Rich- consistently denied in Cars to Seinfeld in ard’s legal costs bill in his privacy any suggestion of wrong- 2002 as Two Stupid Guys in claim against the corporation for doing. A separate defamation a Stupid Car Driving to a Stupid around £2m. case involving Heard and Depp is also Town. He then directed the pilot in The sum is in addition to the 4 | zoom-in Winter 2019 JERRY SEINFELD HAS SEEN OFF A CLAIM BROUGHT BY A FORMER COLLABORATOR OVER RIGHTS TO HIS NETFLIX SHOW COMEDIANS IN CARS GETTING COFFEE – SEE OPPOSITE Stock Photo MediaPunch Inc / Alamy zoom-in Winter 2019 | 5 WINNERS & LOSERS