Media law news from Abbas Media Law zoom-inSummer 2018 BRITNEY FORCED MONKEYS TO GIVE CAN’T OWN TULISA COPYRIGHT, CREDIT SAYS COURT INSIDE MILEY THE ROYAL HIT WITH $300M ACADEMY CLAIM OF ARTS STORMY’S A-COMIN’ DANIELS SLAPS TRUMP WITH NEW LIBEL SUIT EXCLUSIVE INTERVIEW: WINDSORS EXEC ROBERT WULFF-COCHRANE IN THIS ISSUE Martin Lewis takes on Facebook ...... 12 Warsi wins damages payout ............ 14 Telegraph pays ex-Guantanamo prisoner ....................................... 15 BUSINESS AFFAIRS Abbas Media Law’s production legal schedule, setting out the five key stages of TV production and the legal issues producers must consider. In this Shutterstock.com issue, we focus on new data protection rules ............................................ 16 JStone / 20 QUESTIONS COPYRIGHT & IP RIGHTS WINNERS & LOSERS Noho Film & TV’s Robert Wulff- Del Toro sued over Shape of Water .. 18 Tulisa wins writing credit from Britney .4 Cochrane on his favourite places ..... 22 Stranger Things accused of Madonna fails to block auction ..........4 plagiarism .................................... 18 MEDIA HAUNTS BBC beats Bill Cosby copyright suit ...4 Miley Cyrus faces lawsuit ................ 19 Why you should join the Royal Academy Masterchef loses fight with of Arts ......................................... 24 Uptown Funk dispute settles............ 20 Mister Chef ....................................6 No IP rights for monkeys, says court . 20 Stars get Mirror hacking payout ........7 PRIVACY & DATA PROTECTION Vivienne Westwood apologises ...... 21 Cliff Richard privacy trial heard ........ 26 REGULATION – OFCOM, Newspaper could use Facebook pic 27 ASA & IPSO De Havilland appeals over Feud ...... 28 Inside the Gang in privacy breach ......8 Damages appeal in Can’t Pay? case . 28 Timberlake joined to class action .......9 First English ‘right to be forgotten’ Today in breach on climate change ....9 case ............................................ 28 Aldi’s carrot ad ‘irresponsible .......... 10 Sun in breach for approach to victim . 11 CONTEMPT & REPORTING RESTRICTIONS DEFAMATION Galloway’s ex-aide jailed ................ 30 Trump hit by new Stormy Daniels Rape trial juror’s comments claim ........................................... 12 investigated ................................. 30 zoom-in Abbas Media Law Editor Nigel Abbas Deputy Editor Clare Hoban zoom-in is written by the Abbas Media Law team. Features Editor Paul Hunwick We are a niche law firm advising on all aspects of Contributing Felicity UK law and regulation affecting the television, film, Editors McMahon advertising and publishing industries. Jenny Spearing Founded by Nigel Abbas, we work closely with Gervase de Wilde broadcasters, independent production companies of Editorial Assistant Lucy Chisholm Batten all sizes, and other content producers. Sub-editor Jack Seale Abbas Media Law is experienced in advising Art Director Tim Parker both before publication or broadcast, working with Contact creatives to minimise their legal and regulatory risk, as NIGEL ABBAS ABBAS Media Law well as following publication or broadcast, defending 1st Floor, 239 Kensington High Street, content when it – and its producers – come under attack. London W8 6SN With particular expertise in television and film, we have advised on thou- 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 Summer 2018 WINNERS & LOSERS Shutterstock.com A MAJOR COURT VICTORY FOR TULISA CONTOSTAVLOS MEANS SHE WILL NOW BE CREDITED AS CO-WRITER OF A BRITNEY SPEARS HIT: SEE P4 Featureflash Photo Agency / Featureflash zoom-in Summer 2018 | 3 WINNERS & LOSERS Our quarterly round-up of high-profile legal winners and losers Tulisa wins copyright fight The dispute was resolved with until she became aware of the auction, over Britney Spears track the award of 10% of the worldwide which was organised by her former friend publishing rights and income from the and personal assistant Darlene Lutz, who n Pop star Tulisa Contostavlos has song to Ms Contostavlos. had teamed up with Gotta won a claim against will.i.am and Unlike many of the Have It! Collectibles. Britney Spears after she was left out of current rash of high- Madonna the songwriting credits for Britney’s profile copyright Madonna obtained a tempo- hit Scream and Shout. disputes, which had said she had rary restraining Sony ATV brought proceedings relate to the alleged order, alleging against BMG on behalf of the former infringement not known the items the collecti- X Factor judge, alleging that she co-wrote of copyright in were no longer in her bles had been the song, which was a UK number one existing hits by possession until she wrongfully for Ms Spears on its release in 2012. similar-sounding taken from her The song’s beat, which was the records, this claim became aware of after she moved original basis for the song, was first was brought on the the auction out of her Miami given to Ms Contostavlos, who wrote a basis of direct involve- home in 2004. She track entitled I Don’t Give A F**k over ment in the writing of a then applied for a perma- it for her solo album The Female Boss. successful song. nent injunction last August. However, the track was not ulti- The dispute over Scream and Shout The Judge rejected the application and a mately included on the album and the reflects the complexities of songwriting new auction will go ahead this July. beat was then given to Ms Spears, with in modern pop music, where hits are The singer and Ms Lutz fell out only will.i.am, producer Jef Martens often the work of multiple producers in 2003, and subsequently reached and co-writer Jean Baptiste credited and writers. a legal settlement over the owner- on the reworked version, which Spears ship of artwork. As part of the settle- released as Scream and Shout. ment, Madonna agreed to release Ms Black Eyed Peas supremo will.i.am (US) Madonna loses Lutz from ‘any and all’ future claims admitted at the time of the fallout lawsuit to block against her former friend. The Judge over the track: ‘Tulisa wrote to that found that this wording had the effect song before I did – this is the truth. memorabilia auction of precluding Madonna from suing Ms But the producers of the beat… didn’t n Madonna has failed in her bid to Lutz in an attempt to halt the auction. want her to have it, so I wrote to it and permanently halt the auction of items The Judge also declared that Madonna Britney is the only person I ever had that previously belonged to her. As had waited too long to reclaim the in mind.’ reported last year in zoom- memorabilia. Under the statute of Ms Contostavlos in, the singer had been limitations, the singer had had until claimed that will.i.am successful in obtaining 2007 to make a claim for the goods. and Britney The dispute a Manhattan court Madonna is yet to comment on Spears’ version reflects the order temporarily the decision, but Lutz’s lawyer, Judd still included stopping the Grossman, is celebrating what he’s parts she was complexities of sale of personal called a ‘complete win’ for his client. responsible for, songwriting in modern items including including the pop, where hits are often a letter from line: ‘When you her former (US) Bill Cosby copyright the work of multiple hear this in the boyfriend, the suit against the BBC club, you’d better producers and late rapper Tupac turn this s**t up.’ Shakur; photo- dismissed According to Ms writers graphs; a hairbrush n The BBC has succeeded in its motion Contostavlos’ publicist with strands of her hair; to dismiss a copyright infringement Simon Jones, a musicolo- and underwear. claim over its use of footage of Bill gist’s report found that her vocals were Madonna had said she had not known Cosby’s comedy career in a documen- mixed into the Britney track. the items were no longer in her possession tary about the star’s legal problems. 4 | zoom-in Summer 2018 Shutterstock.com MADONNA HAS FAILED IN HER BID TO STOP AN AUCTION OF HER PERSONAL ITEMS: SEE OPPOSITE JStone / zoom-in Summer 2018 | 5 WINNERS & LOSERS As previously reported in the liability in other jurisdictions is a Winter 2017 issue of zoom-in, the welcome one for the TV industry. complaint, filed with the US District The arguments about Fair Use of the Court of California by the Carsey- clips would have been likely to have Werner Company, said clips from The been considered if the BBC’s applica- Cosby Show incorporated in a docu- tion had failed, and the case had been mentary entitled Bill Cosby: Fall of an allowed to proceed to trial. American Icon were used without the necessary permission. The documentary, which aired in Masterchef loses the UK in June, showed the disputed Shutterstock.com trademark fight with clips in telling the story of how the US comedian, actor, musician and Mister Chef author came to face a criminal trial n The Intellectual Property Office over allegations of sexual assault. It (IPO) has rejected Shine TV’s opposi- interviewed 11 individuals, including tion to the registration of ‘Mister Chef’ those who knew Cosby professionally, as a trademark relating to baking and as well as his accusers. Commentators / Randy Miramontez cooking apparatus. in the US thought the case would turn COSBY: CLIPS USED Shine, which produces and has on arguments over Fair Use, a similar iPlayer or any other means.’ trademarked ‘MasterChef’, opposed doctrine to Fair Dealing in UK law. The Judge emphasised, in reaching the new trademark, arguing the Instead, however, the defendants his decision, that the fact that marks were conceptually similar relied on the fact that copyright is there were some viewers and would cause confu- a territorial right, and argued that in California did The sion for consumers.