Demi Moore Sues Pacific Magazines in Australia Over Unauthorized Photos in New Idea

Demi Moore sues Pacific Magazines in Australian Federal Court

A four day Federal Court trial begins today in Melbourne, Australia at which Demi Moore will give evidence. The actress is suing Pacific Magazines, the publisher of New Idea, for running a set of black and white photos taken at an Oscars party she co-hosted with Madonna in Los Angeles in 2008. Moore claims the copyright of the snaps belongs to her and she did not authorize publication. Appearing in the photos are other celebrities - Orlando Bloom, Cameron Diaz, P Diddy, Amanda De Cadenet and Rumer Willis, daughter of Demi and former husband Bruce Willis.

Moore launched legal action two years ago against Pacific Magazines over the snaps taken at an Oscars bash at the Los Angeles home of Madonna's manager, Guy Oseary. According to her statement of claim, the black and white photographs were taken on February 24, 2008, by Michael Bergerholtz and used in New Idea without her permission. Mediations in the copyright case have failed, resulting in this high-profile court case. She claims as a result she suffered loss and damage.

David Perel, the former editor-in-chief of US supermarket tabloid The National Enquirer, is to give expert evidence about the value of the pictures.

While Moore is expected to give evidence in person tomorrow, Perel will appear by video link from the United States.

In an affidavit, Perel purportedly stated the value of the pictures was boosted because they ''depict multiple celebrities at a private Oscar party that was not open to the public, such that the celebrities were in a jovial mood and were not constricted by the pretense or self-consciousness that is often associated with appearances at public events''.

Their value would have climbed yet higher ''if two of the celebrities depicted in the photographs started having a romantic relationship,'' Perel said.

Ms Moore, who is married to actor and TV host Ashton Kutcher, claims that Mr Bergerholtz assigned all future copyright of the photos to Jeffrey Best, trading as Best Events, and he passed the copyright on to her in an oral agreement.

Moore threw the party on February 24, 2008, at the Los Angeles home of Madonna's manager, Guy Oseary, as a replacement for the Academy Awards, canceled that year because of a writers' strike.

The star alleges journalist Henry Mellor bypassed strict security to gain access to the party. It is further alleged that the photos were taken in a photo booth and given to guests in a flip-book at the end of the night. This is how Mellor acquired the photos.

''The publication of the photographs made it appear that she invited guests to a private party and then exploited them, including her own daughter, by selling a license to publish photographs taken of them in private and compromising situations,'' Moore's lawyers say in papers filed with the court.

Moore alleges that by publishing the pictures, Pacific Magazines breached her copyright in the pictures and broke a duty of confidence, causing her ''continuing emotional distress''.

Pacific Magazines denies both the copyright and the duty of confidence claim, and says Mellor took the pictures and was an invited guest.

Cases like this are "not about the money"

$200,000 might seem like a modest amount compared with the huge wealth enjoyed by a star such as Demi More, however, there is a principle involved and it is doubtful that the star would be suing just for the sake of the money.

It will be interesting to learn which way the verdict goes in a few days' time. There is still the possibility that the matter will settle "out of Court".

Other high-profile celebrity court cases

Nicole Kidman is believed to be the only other Hollywood star to make a physical appearance in an Australian court on a legal matter.

Catherine Zeta Jones and Michael Douglas successfully sued British tabloid magazine Hello! after it published unauthorized photos of the couple's wedding in 2000.

Sources:

http://www.theage.com.au/lifestyle/people/demi-moore-to-fight--new-idea-in-court-20100922-15mef.html

http://www.couriermail.com.au/entertainment/confidential/demi-moore-to-take-melbourne-witness-stand-in-picture-case-against-new-idea/story-e6freq7o-1225927916864

http://www.sunshinecoastdaily.com.au/story/2010/09/27/demi-moore-to-give-evidence-in-melbourne/

http://www.theage.com.au/lifestyle/people/moore-photos-worth-200000-court-to-hear-20100926-15sgd.html?autostart=1

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