Costume designer sues Riverdance

Abhann Productions, the company behind the globally successful Riverdance show, is being sued over allegedly unpaid royalty fees due to the designer who produced the show's original costumes. Jen Kelly, one of Ireland's top haute couture designers, is suing the production company for royalty payments dating back to 2000 when a previous agreement with him expired. He claims that many of the 300 or so costumes he designed for the original show are still being used in original or modified form in the current productions and as such he is entitled to royalty payments in respect of such use.

Design Rights under the 1988 Copyright Designs and Patents Act arise automatically and don't require formal registration. While unregistered protection as a UK design right lasts for 15 years from creation, if one registers the design right then up to 25 years protection will apply.

It is not understood whether Kelly has quantified his claim and a preliminary hearing is expected later this month.

More on Design Rights HERE and HERE
More on the legal action from The Stage

Tom Cruise set to sue over Andrew Morton book

Tom Cruise is no stranger to scientology. Andrew Morton's books are equally likely to cause controversy. However the suggestions Morton puts forward in 'Tom Cruise: An Unauthorised Biography' have upset Cruise, who it claims was the No.2 in Scientology, to the extent that he is reported to be suing Morton's publishers, St Martin's Press for some $50m.

Morton has produced books on Diana, Monika Lewinsky and Posh & Becks but this latest compilation has been derided for having been penned without reference to any of the relevant protagonists and inventing facts. If true, this seems unlikely to deter publishers from releasing it in the US on January 15th but it may not make its way into bookshops in the UK so soon as English libel law places a more onerous test on publishers than does US law. If released in the UK publishers would have to prove that what has been written is true, while in the US the emphasis is more on the defamatory effect than the veracity of that which is printed.

So we may have to wait to read about Morton's speculation that Cruise was trying to recruit Posh and Becks to scientology (though a fly-on-the-wall documentary about the attempts to convert them would make for great reality tv). When it comes to defending their 'belief' or what many would term as 'cult', scientologists are quick to retaliate and litigate. The most celebrated recent investigation into scientology made the headlines in the UK after investigative journalist John Sweeney 'lost it' and gave them a taste of their own 'mind control' methods.

So, having witnessed what can happen when one asks a question too many, Morton and his publishers will need to work out if the potential legal action will be worth the profits from publication.

More on the content of the Morton book from the Daily Mail

Major gaffe on Parade as US magazine keeps Benazir Bhutto alive on its front page.

The editorial department at US magazine Parade must have been on a long vacation over the new year as the brutal assasination of Benazir Bhutto seems to have eluded them and allowed the slain former leader's picture and caption "I am what the terrorists fear most" to remain on the magazine's front page as it spread its way across the US in the form of a free insert into several million of the country's leading papers.

Publishers argued that with over 30 million magazines already printed it would have been logistically and economically unviable to withdraw or amend circulation. Yes the interview is interesting - more so if she were still alive - and it is arguably one of the last interviews before she died but to release a front page that totally overlooked the fact that the terrorists had in fact been her final nightmare is not the sort of commercial decision that can or should override journalistic accuracy or integrity. Credit to Parade for the interview. Discredit for failing to acknowledge she had died at the hands of the terrorists who, as she claimed, saw her as a nemesis.

Censorship: Chinese journalists told what not to write

The BBC reports on the extent of censorship in China. While most journalists around the world log onto their computer or internet connection in search of material to report on, their counterparts in China are plagued by the 'anti-pop-up' - not ads for usesless gizmos or services but directions from the state authorities on what they should or should not report on. So from manipulating Google, clamping down on YouTube and monitoring web traffic, the Chinese authorities have probably got more police in cyberspace than they have on the streets - very Second Life.

More from the BBC

PCC slams Sunday Mail for 'bad practice' over 'Captain Conman' story

The Press Complaints Commission has this week upheld a complaint against the Sunday Mail for what it termed "a serious matter" and "rare example of bad practice".

The complaint relates to Clause 1 of the PCC Code and the accuracy of the paper's
story "Ship of fools" about 'Captain Conman' Alex Lothian. The Scottish paper ran a story on 14th October 2007 about Mr Lothian who it said was helping the owners of the HMS Bounty (which featured in the 1962 film 'Mutiny on the Bounty')tour the boat round Europe.

The essence of the piece linked into an article that had appeared in the same paper back in 2003 that claimed Lothian was a conman and questioned his naval credentials.

Mr Lothian had complained to the PCC about the earlier piece and while there was no admission of wrong, there had been an undertaking to add a file note to ensure that any future reference to Lothian or the story acknowledged that the facts complained of were 'disputed'.

This was seemingly ignored and the Sunday Mail referred to his "Walter Mitty" claims that were "first exposed by the Sunday Mail in 2003" that alleged he "once tricked the charity Maritime Volunteer Service, claiming to be a recently-retired Navy officer embarking on a plan to form a coastal patrol called Dads Navy." It also referred to a 1995 conviction.

Mr Lothian had complained that the article was in breach of the PCC code for being inaccurate in that it failed to take into account the facts that had previously been disputed.

The PCC upheld his complaint and was particularly critical over the issue of repeating allegations without acknowledging these had been disputed and denied:
"Despite the newspaper’s contention that the allegations were true, the Commission concluded that by omitting the complainant’s position on the matter – contrary to the undertaking – the article was misleading. The Commission regarded the failure to adhere to an offer made during the course of a previous PCC investigation as a serious matter and a rare example of bad practice."

Azerbaijan frees journalists amid calls for clearer laws on press freedoms

As previously reported on Mediabeak, the European Parliament has recently been petitioned over the issue of freedom of expression in Azerbaijan. The Council of Europe has also urged the country to pass a defamation law to clarify and protect press freedom.

The country’s president has since pardoned over 100 political prisoners including five journalists. The journalists included the editor of opposition newspaper, Senet who had been imprisoned following convictions for incitement while another editor was released from his sentence for defamation. It is believed that a further three journalists remain in custody.

Bigmouth's revenge - will Morrissey succeed in court?

As Mediabeak reported in DecemberMorrissey is suing the NME and its editor for defamation claiming their cut and paste style interview with him had misrepresented him as out of touch and xenophobic. Writing in the Press Gazette, Caroline Kean questions whether he indeed has a case to support his defamation action. She highlights the defences of consent to publication and fair comment and asks if the NME might be able to make either defence stand up.

Mediabeak observes that this will be down to the context of the overall article and manner in which the comments that have been attributed to Morrissey were elicited and subsequently used. While he may have consented to do ‘an interview’ that does not automatically mean he waives his rights in relation to the publication. The consent has to be informed and fair in the overall context.

The recent case of Lowe v the Times where Southampton football boss Rupert Lowe won a staggering £250,000 damages over comments by a columnist that he had behaved 'shabbily' could provide guidance here. The judgment came as a shock to the media as its implications are wide reaching.

More from BBC

Anti-Defamation League welcomes clarification after Will Smith misquoted over Hitler

A race row was brewing in cyberspace after several websites misquoted and interpreted what actor Will Smith had said in an interview with Scottish tabloid the Daily Record. The Hollywood star’s comments that Hitler’s ‘twisted, backwards logic’ led him to the deluded belief that the atrocities he was carrying out were ‘good’ were misinterpreted as actually condoning Hitler as good. This caused widespread upset – not least to Smithwho issued a clarification on the matter.

The Anti-Defamation League has welcomed Smith’s clarification and pointed out that the “episode serves as a reminder of the power of words, and how words can be twisted by those with hate and bigotry in their hearts to suit their own worldview. This is why all celebrities bear a special responsibility to weigh their words carefully, and an obligation to speak out against racism and bigotry whenever even a whiff of it appears, as Will Smith has done in this instance.”

X Factor voting scandal could open can of worms

Following the mass of complaints over voting on the X Factor final, Ofcom has got out its regulatory big stick and is asking ITV to provide it with information on this latest series and has also asked to see the full findings of the report carried out by auditors Deloitte into the problems with viewer-participation programmes. ITV attracted criticism and suspicion for only releasing extracts from the Deloitte report but Ofcom has now demanded “explicit assurance” from ITV that they allowed Deloitte to undertake an “exhaustive review” of programmes. In a week that has seen record fines handed out over vote rigging, Ofcom’s showing its in no mood to be messed with and a desire to force broadcasters and production companies to sort out the recurrent compliance problems with such programmes.

More from MediaGuardian
and PA HERE
Previous report on Mediabeak

UN Assembly lobbies for law on defamation of religion

The United Nations General Assembly has this week passed a resolution urging member states to secure “adequate protection against acts of hatred, discrimination, intimidation and coercion resulting from defamation of religions and their value systems”.

The move follows calls (in the wake of the Danish cartoon row last year) by Islamic leaders, notably Pakistan’s President Pervez Musharraf, to introduce legislative safeguards against the defamation of Islam.

The resolution was passed by a majority of 108 to 51 with many western nations opposing or abstaining the vote. While the resolution was couched in terms of defaming religion, the only one specified was Islam.

More from UN HERE
CNS News HERE

Tonga – Government sues paper for defamation

Tongan Newspaper Kele’a
Has seemingly done much to upset its kingdom’s Government and is being sued (for a second time) over a report it carried suggesting that the prime minister had privately employed a consultant. This might not seem like the highest order of libel but has caused plenty of upset in the Tongan cyberspace. The government published its stark criticism of the media back in March
This follows a raid on the paper by soldiers in February when they tried to shut it down.
The Tongan regime has been at loggerheads with the pro- democracy paper for years back in 2003 Reporters Without Borders issued an annual report on Tonga highlighting the royal family’s attempts to force ‘more respect’ out of the paper.

Abramovitch sues Sun

Roman Abramovich is suing the Sun for a reported £200,000 following its publication of a story mockingly suggesting he'd eaten Jose Mourinho and using a badly superimposed image of Mourinho's head on a plate in front of Abramovich who was brandishing a steak knife. The Chelsea boss has taken exception to the suggestion he undervalues Mourinho's contributuon to his club's success and claims the article has damaged his reputation and caused him distress.

His defamation action centres on two issues - first, defamation by innuendo - the picture and accompanying 'story' and second, the fact that Abramovich claims the Sun didn't afford him a right to reply or comment on the piece they published. Unless the Sun can come up with a good defence - and public interest isn't going to work here - it could be their head he has on a legal plate. If the Times can get hit with a £250,000 libel award - since reduced to £50,000 - over suggestions by a commentator that Southampton's boss had behaved 'shabbily' then Mediabeak does not much fancy the chances of the Sun in this action.

Complaints soar but Louis Walsh says X Factor result was fair

As reported on Mediabeak Ofcom has been flooded with complaints about the ability to vote on the hotly contested X-Factor final last weekend. In the space of 24 hours the number of complaints rose to over 1,000 viewers who claimed they were not able to get through to vote for their favourite.

Judge Louis Walsh has come out and said that it was not down to the best voice but the performance and 'X' factor and Leon's heartfelt appeal to the public ultimately won him a clear 10% lead in the votes. One might say 'who cares' but this goes deeper than the passions of Rhydian or Leon fans and brings us uncomfortably back to the arguments about vote rigging and the seeming inability of programme makers and the phone competiton third parties they engage to properly manage and secure compliance over facets of their programmes that engage the public and induce them to spend their money. So its time that broadcasters realised they need to invest as much resource in the compliance of product/programme add-ons as they throw at their promotion.

Latest HERE and HERE

BBC's u-turn on scumbags, maggots and faggots

As the old saying goes 'if it ain't broke, don't fix it' or in this case try and seem politically correct by trying to fix the lyrics of a song that has long been established as a classic component of the yuletide repertoire. So it seemed odd that the BBC decided it needed to introduce an inelegant edit of the Pogues duet with Kirsty MacColl on the 'Fairytale of New York' track in case someone might take offence. Well offence was taken but it was fuelled by the decision to tamper with a song that the public has for years accepted as a classic. As the BBC saw complaints pour in over the course of the day they finally decided the whole thing was a bad idea and undid the edict and the edit to restore the song to its original form.

What this episode highlights is not that the lyrics penned and performed by the Pogues or Kirsty MacColl were unacceptable but it is the attempt at censorship of certain words that highlights the fact that those making the judgment about the censorship decision were influenced by conscious prejudices that did not transcend into the the literal and contextual form of the original recording (Mediabeak is aware that this sort of analysis belongs on Newsnight review accompanied by a tortured artistically troubled expression but is going to indulge it anyway!)

More on the story:
BBC's original decision HERE
The U-trun from Sky News HERE

Celebrity Scent Scandal - Kidman gets payout from Telegraph

Nicole Kidman has secured a 'substantial'payout from the Telegraph over allegations she favoured a scent other than the one she had a multimillion pound deal to promote. As previously reported on Mediabeak, Kidman unleashed her lawyers on the Telegraph after its 'Spy' gossip column suggested she was more partial to Jo Malone's White Jasmine and Mint scent than the Chanel No.5 she was under contract to promote.

There have been numerous cases involving celebrity endorsement in general and cosmetic and beauty products in particular in recent years. These did not always end up in court or cause the damage that might have been expected from the circumstances. Take for example Kate Moss, dropped by numerous brands including Chanel following allegations of drug taking, she recovered both physically and reputationally, even securing further lucrative cosmetic deals. Similarly David Beckham suffered no adverse effects following allegations about extra marital affairs around the time of his move to Spain.

The types of cases there have been can be broken down into three types: First, those where there has been an element of ‘passing off’ under trademark law. As in the case of former Formula One star Eddie Irvine and Talksport, you can’t use an image without consent or compensation. Singer Jennifer Lopez was threatened with legal action as her perfume ‘Glow by J-Low ‘ was seen to be too similar to another brand ‘Glow’. Even heavy metal band Metallica tried suing Guerlain when it issued a perfume under the Metallica name, even though confusion between the products could hardly be an issue.

Second, cases where the direct actions of an individual have undermined the brand. Kate Moss lost deals on the back of the ‘cocaine Kate’ allegations and following the racism row that erupted after her performance on Big Brother earlier this year, Jade Goody saw her perfume ‘Shh!’ withdrawn from sale in some outlets.

Third, cases such as this where companies can argue that the image they have bought in does not comply with the binding terms of the ‘buying in’ contract. Sainsbury’s suffered an embarrassing episode when Catherine Zeta Jones, who was promoting its recipes at the time, was spotted shopping in Tesco. More recently Teri Hatcher is locked in litigation with Hydroderma. The company is reportedly suing her for $2.8m for allegedly supporting other lip plumping products. This was on the basis that she was said to be ‘a fan’ of competitor City Lips.

Read more of this analysis from Mediabeak on Mediaguardian.co.uk: The Price of Speculation