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Douglas,
Zeta-Jones wedding photo case ends
From Mike Collett-White
LONDON—A
lengthy legal battle over pictures from the wedding of Michael Douglas
and Catherine Zeta-Jones ended on Thursday, and a 2007 ruling is
expected to help define how far stars can control their image and
privacy.
OK! magazine has taken its case to the House of Lords, England’s highest
court, in a bid to prove that rival celebrity glossy Hello!’s
unauthorized “spoiler” photographs from the 2000 wedding were unlawful
and damages should be paid.
OK! won the initial case and damages of one million pounds ($1.9
million) in 2003, but the ruling was overturned by the court of appeal
in 2005. OK! had paid the couple one million pounds for exclusive rights
to images from the marriage.
Douglas and Zeta-Jones were not a part of the latest case, which wound
up with closing submissions before five law lords. The lords are
expected to hand down their judgment in February or March 2007, lawyers
on both sides said.
They must decide whether celebrity magazines can sue if an exclusive
deal is spoiled, and whether exclusivity extends beyond the time the
approved photographs are published.
With stars regularly signing lucrative deals with publishers for
exclusive access to a wedding or birth the decision will be closely
watched by magazines, stars and media lawyers alike.
CANADIAN SINGER
A second case in London this week in the appeal court may also shed
light on how privacy laws in England are developing since the
introduction of human rights legislation in 2000.
Canadian singer Loreena McKennitt is seeking to prevent details of her
private life appearing in a book by former friend Niema Ash called
“Travels With Loreena McKennitt.”
McKennitt won a High Court ruling in London last year in which the judge
prevented the disclosure of details including passages about personal
relationships, emotional vulnerability and her feelings for her late
fiance who drowned.
But Ash and the book’s publishers, Purple Inc Press, are seeking to
overturn the ruling, arguing that it struck a blow to freedom of
expression.
David Price, lawyer for Ash and Purple, told the court that considerable
uncertainty surrounded privacy laws in the country. “There is a
perception that the law relating to breach of confidence and misuse of
private information is in a state of some uncertainty,” he said. “This
uncertainty is undesirable. It has a chilling effect on freedom of
expression.”
The McKennitt case also ended this week and judgment is awaited. Two
cases in 2004 favoured celebrities over the media. The law lords decided
supermodel Naomi Campbell’s rights were breached when a newspaper ran a
story saying, correctly, that she had visited Narcotics Anonymous. And
the European Court of Human Rights condemned Germany for failing to stop
press photos of Princess Caroline of Monaco which it said violated her
right to respect for private life. |