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Zoom-In Issue 18 MEDIA LAW NEWS FROM ABBAS MEDIA LAW WINTER 2020 TELEVISION ZOOM-OUT STOP THE WORLD INSIDE WE WANT TO GET OFF BUCKLE UP, IT’S OUR ROUND-UP OF GOING TO BE A FABULOUS LUXURY BUMPY RIDE HIDEAWAYS HOW TO DEAL WITH PAGE 24 THE LEGAL RISKS OF COVID-19 PAGE 18 PRIVACY ROYAL COURT COPYRIGHT WILL HARRY AND THE LOIN MEGHAN’S HIGH-RISK LEGAL GAMBLE KING PAY OFF? JON HAMM PAGE 28 ‘PENIS PHOTO’ RULED ‘FAIR USE’ PAGE 11 DEFAMATION JOHNNY v AMBER THE CELEBRITY TRIAL THAT KEPT US SPELLBOUND THROUGH LOCKDOWN NEWS, PAGE 7 PAGE 14 BEAT THE RAP NICKI MINAJ WINS ROUND ONE IN COPYRIGHT CLAIM is Abbas Media Law’s quarterly magazine. 06 Aimed principally at programme-makers working in television and film production, each quarter zoom-in brings you a round-up of interesting legal and regulatory decisions, as well as the latest media law and compliance news affecting broadcasters and indies. MaciejGillert / Shutterstock.com ABOUT ABBAS MEDIA LAW We are specialists in all aspects Business Affairs & Rights of UK law and regulation affecting We advise clients on all aspects of the television, film, advertising and business affairs, chain of title and Cover image: Nicki Minaj triumphs. publishing industries. rights issues, in connection with See page 7 We advise before publication the television, film, advertising and Credit: Christopher Smith / AdMedia / Newscom /Alamy Live News and broadcast, working with publishing industries. We advise on creatives to minimise legal and dealmaking, draft and negotiate Editor regulatory risk, and following all types of agreements, and Nigel Abbas publication and broadcast, can answer all your day-to-day defending content when it and its queries. See page 18. Deputy Editor producers come under attack. We Paul Schaefer work with many of the country’s Legal and Regulatory Threats, leading content producers. and Litigation 24 Features Editor We regularly represent clients Adam Firman Paul Hunwick Content Advice when legal and regulatory Abbas Media Law boasts some threats are made against Contributing Editors of the most experienced content programmes and other content, Felicity McMahon advisers in the country. We both before and after publication. Jenny Spearing work on the most exciting and We represent clients in most Gervase de Wilde challenging factual programmes; areas of litigation affecting the Lucy Chisholm Batten news; films and dramas; and media, advising on strategy, Sub-editor all kinds of entertainment and tactics, drafting of pleadings comedy programmes. Nigel and advocacy. Damon Syson Abbas is the primary author of Art Director Channel 4’s Producers’ Handbook, Training for producers Angela Lamb a comprehensive guide to best We prepare and deliver bespoke practice, regulation and the law training programmes for clients, or Marketing as they apply to the making and producers can avail themselves of Melissa Fretwell broadcasting of programmes. AML’s regular training programme. White Camino To find out more, get in touch: [email protected] Contact ABBAS Media Law THE TEAM 1st Floor, 239 Kensington 28 High Street, Nigel Abbas Founder London W8 6SN Nigel is a barrister with over 20 years’ experience D: +44 207 316 3046 advising the media and entertainment industries. M: +44 7831 311 080 Jenny Spearing Senior Business Affairs Adviser E: [email protected] Jenny is a business affairs expert with nearly 20 years’ Lev Radin / Shutterstock.com experience in television production. www.abbasmedialaw.com Paul Schaefer Senior lawyer Subscribe to zoom-in Paul is an experienced media lawyer, having worked as www.abbasmedialaw.com/ in-house counsel for newspapers and broadcasters. subscribe Lucy Chisholm Batten Lawyer Lucy qualified as a solicitor in September 2020 having worked for Abbas Media Law since 2017. Jan Tomalin Consultant Over the last 30 years, Jan has advised on an enormous number of television programmes, across all genres. 2 zoom-in | Winter 2020 CONTENTS WINTER 2020 NEWS $95m case against Sacha Baron 22 TWENTY QUESTIONS... Cohen proceeds Curious Films co-founder Dov 04 WINNERS & LOSERS 14 JOHNNY DEPP LIBEL TRIAL Freedman on the highs and lows Judge sides with Nicki Minaj in A detailed recap of the actor’s of making factual TV, including copyright dispute with Tracy legal dispute with The Sun, that crocodile Chapman; US journalist to appeal dubbed the biggest English 24 ZOOM-OUT in libel action against Telegraph libel trial of the 21st century And breathe... our round-up of over Melania Trump apology the best places to get away from 08 REGULATION (OFCOM, FEATURES it all. Plus, stylish face masks ASA & IPSO) 27 OPINION Ofcom rejects Can’t Pay? We’ll 18 BUSINESS AFFAIRS The psychology of TV-viewing Take It Away! complaints; BBC’s & RIGHTS UNPACKED Newsnight in privacy breach How can producers best REGULARS 09 PUBLISHING, COPYRIGHT manage Covid-19 legal and & IP RIGHTS commercial risks over the next 28 SPOTLIGHT Led Zeppelin wins battle over few months? zoom-in takes a detailed look Stairway to Heaven; Jon Hamm 21 SAFETY FIRST at the Duke and Duchess of “penis photo” case dismissed Karon Monaghan QC of Matrix Sussex’s legal claims 12 DEFAMATION Chambers discusses the issues 30 SCREEN BREAK Tiger King’s Carole Baskin sued of equality and discrimination in Put your feet up and enjoy our for defamation; Roy Moore’s the age of Coronavirus crossword, quiz and star signs A FEW WORDS FROM THE EDITOR It has been eight months a spotlight on two of the most talked-about legal since the last issue of spats of the year: Johnny v Amber/The Sun (page zoom-in and, heavens, 14); and Meghan v Associated (page 28). what an eight months. Check out Leah Kurta’s interesting piece on Life has been turned the psychology of viewer choice, as well as our upside down, and TV interview with Curious Films’ Dov Freedman, who production, which all but answers 20 Questions; while a new feature we ground to a halt in the are calling Screen Break (page 30) provides you spring, now seems destined for months’ more with distraction techniques to entertain and divert uncertainty as the virus resurges. The so-called you when talk of “close-contact cohorts” gets “new normal” drags on, and there is nothing novel too much. Have fun answering our quiz (thanks about it. It all feels depressingly familiar. POPBITCH), and complete our telly-themed cross- With infection rates dropping, things looked word and you could win a bottle of champagne largely positive over the summer, but a few months (to drink at home of course, ALONE!). And if your on, the situation looks far less certain. Boris John- birthday is coming up, don’t even think about son’s three-tier system in England may provide leaving the house until you have consulted go-to a degree of confidence about what the rules will astrologer Carolyne Faulkner’s horoscopes. be in the short-to-medium term, but, even then, Finally, but only if you can bear it, check out our with many calling for additional measures like “fire Covid-19 feature on page 18, which outlines some breaks”, anything seems possible. key legal and business affairs matters that produc- So, it is on that cheerful note that we are ers really need to consider in this new normal. delighted to bring you the latest, Winter 2020, Or, if it’s escapism you crave, just go straight to edition of zoom-in, redesigned just for you. As Paul Hunwick’s “Stop the World, I Want to Get Off” well as the usual quarterly round-up of media law and start planning that well-earned luxury retreat. winners and losers, news and analysis, we shine Nigel Abbas, editor zoom-in 3 | Winter 2020 NEWS WINNERS & LOSERS US case after Trump agreed not to try to enforce the contract or to seek repayment of the $130,000. 'ëŕĶĕōƆëŕϨſƖŔżIJëưĕćĕĕŕĕŔćſşĶōĕĎĶŕ Judge orders Trump legal disputes for years, and while this award ĶƆ ë ćĶī ƱĶŕ Īşſ 'ëŕĶĕōƆǽ ĶƐ ĎşĕƆ ŕşƐ ĈşŔżëſĕ to pay Stormy Daniels to what she owes Trump in legal fees from a ĎĶǔĕſĕŕƐĈëƆĕȂPŕǟǝǞǥǽ'ëŕĶĕōƆǕōĕĎëĎĕĪëŔë- $44,000 in legal fees tion lawsuit against Trump over a tweet that ëƐƐëĈŊĕĎIJĕſĈſĕĎĶćĶōĶƐƷȂĪĕĎĕſëōŇƖĎīĕĪşƖŕĎ ¨ſƖŔżȜƆ ƐƱĕĕƐ Ɛş ćĕ șțſIJĕƐşſĶĈëō IJƷżĕſćşōĕȜ A California judge has ordered Donald Trump campaign, in which Cohen paid her $130,000 ŕşſŔëōōƷ ëƆƆşĈĶëƐĕĎ ƱĶƐIJ żşōĶƐĶĈƆ ëŕĎ żƖćōĶĈ to pay $44,000 (£33,900) in legal fees to adult ȎȥǞǝǝǽǝǝǝȏĶŕĕƶĈIJëŕīĕĪşſŊĕĕżĶŕīžƖĶĕƐëćşƖƐ discourse in the United States” and therefore ĕŕƐĕſƐëĶŕŔĕŕƐ ƆƐëſ ƐĕżIJëŕĶĕ !ōĶǔşſĎǽ ćĕƐƐĕſ IJĕſëōōĕīĕĎëǔëĶſƱĶƐIJ¨ſƖŔżȂ protected speech under the First Amendment. ŊŕşƱŕ ëƆ ƐşſŔƷ 'ëŕĶĕōƆǽ ćƖƐ ĎĕŕĶĕĎ IJĕſ ¨ſƖŔżǽƱIJşIJëƆĎĕŕĶĕĎIJëưĶŕīëŕëǔëĶſƱĶƐIJ The case was then dismissed, and Daniels motion to recoup $10,000 (£7,700) in expenses. 'ëŕĶĕōƆ ëŕĎ ëōƆş ĎĕŕĶĕĎ ŊŕşƱĶŕī ëćşƖƐ ƐIJĕ was ordered to pay Trump nearly $300,000 ¨IJĕ ĪĕĕƆ ƆƐĕŔ ĪſşŔ 'ëŕĶĕōƆȜ ǕīIJƐ Ɛş ćĕ żëƷŔĕŕƐǽIJëƆƆĶŕĈĕſĕĶŔćƖſƆĕĎ!şIJĕŕĪşſƐIJĕ ȎȥǟǠǟǽǝǝǝȏĶŕōĕīëōĪĕĕƆȂ released from a non-disclosure agreement she money paid to Daniels. Daniels claimed that Daniels is appealing the dismissal of her signed with former Trump attorney Michael ƐIJĕ m' ƱëƆ ĶŕưëōĶĎ ćĕĈëƖƆĕ ¨ſƖŔż IJĶŔƆĕōĪ defamation case and fee award, meaning that !şIJĕŕĶŕwĈƐşćĕſǟǝǞǣǽĎƖſĶŕīƐIJĕżſĕƆĶĎĕŕƐĶëō never signed it. She ultimately prevailed in the IJĕſōĕīëōćëƐƐōĕƱĶƐIJ¨ſƖŔżŔëƷŕşƐƷĕƐćĕşưĕſȂ UK Elton John and ex-wife Renate Blauel resolve dispute Elton John and his former wife have withdrawn ƐĶƐōĕƆōĶŊĕșÉIJşPƆĕŕëƐĕ ōëƖĕōǽ0ōƐşŕ`şIJŕȜƆ ĪſşŔ ë ĈşƖſƐ ćëƐƐōĕ şưĕſ ëōōĕīëƐĶşŕƆ ƐIJëƐ IJĕ DşſŔĕſÉĶĪĕȃȚȑƱIJĶōĕëŕƖŕĶĎĕŕƐĶǕĕĎŇşƖſŕëō- ćſĕëĈIJĕĎƐIJĕĶſĎĶưşſĈĕƆĕƐƐōĕŔĕŕƐȂ ist had managed to track her to her local village, Renate Blauel, a German former sound ĶƐĶƆëōƆşĈōëĶŔĕĎȂșIJĕIJëƆǽƆĶŕĈĕƐIJĕſĕōĕëƆĕşĪ
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