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Friday, 24 November 2006, 10:57 GMT

Zeta Jones wedding photo row ends

Catherine Zeta Jones and Michael Douglas The lengthy court battle between OK! and Hello! magazines over publication of pictures of Catherine Zeta Jones's wedding to Michael Douglas has ended.

The ruling, expected in early 2007, may clarify what control stars have over their image and privacy.

The case began after Hello! published unofficial "spoiler" photographs of the celebrity wedding in 2000.

OK! took the case to the House of Lords after a ruling awarding them damages in 2003 was overturned last year.

Law Lords must decide whether celebrity magazines can sue if an exclusive deal is spoiled, and whether exclusivity extends beyond the publication of the pictures.

Media lawyers say that if OK! wins by successfully arguing there was a right of confidentiality, then a new law protecting the image of a person would have been created in the UK.

Damages

The long-running case began after Zeta Jones and Douglas married in a lavish ceremony at the Plaza Hotel in New York on 18 November 2000.

In November 2003, a judge awarded damages of £1,033,156 to OK! after ruling that Hello!'s publication of wedding photos had caused commercial damage to OK!.

But Hello!, who admitted it had used the snatched photos to spoil their rival's exclusive coverage, successfully challenged the court order in May 2005.

Hello! argued that "spoilers" were a well-known tactic in the newspaper and magazine industry.

Lord Philips upheld the Hello! appeal, ruling that its publication of the photographs had not breached OK!'s commercial rights.

The Court of Appeal ordered OK! to pay back damages, costs and interest amounting to nearly £2m.

The Court of Appeal also told OK! to make an interim payment of £600,000 towards Hello!'s legal bill.

Intrusion

Earlier this week, Richard Millett QC, representing OK!, told a panel of five Law Lords that it had been previously established at the High Court that the exclusive was an "extremely valuable" asset to his clients.

He said Zeta Jones and Douglas - who are no longer involved in the case - were interested in the deal with OK! as a means of preserving confidentiality, rather than to make money.

Mr Millett said Sanchez Junco, the Spanish publisher of the Hello! magazines, knew OK! had an exclusive and that publication of the snatched wedding pictures would damage that exclusive.

During the hearing, Hello! argued that any confidentiality ceased after OK! published the photographs.

Hello!'s 2005 appeal against the damages awarded to Zeta Jones and Douglas was dismissed.

The Hollywood couple were awarded £14,600 after Zeta Jones told the court she felt "devastated" and "violated" when she discovered "unflattering" paparazzi pictures had been taken.




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Related to this story:
Zeta photos case will go to Lords (10 Nov 05 |  Entertainment )
Hello! wins £1m damages challenge (18 May 05 |  Entertainment )
Could Hello! win be an own goal? (18 May 05 |  Entertainment )
Hello! fights against Zeta ruling (13 Dec 04 |  Entertainment )
Hello! appeals in Zeta Jones case (09 Dec 04 |  Entertainment )
Zeta Jones wins £3m Hello! costs (23 Jan 04 |  Entertainment )
Zeta wins £14,600 Hello! damages (07 Nov 03 |  Entertainment )

RELATED INTERNET LINKS
Hello! Magazine
OK! Magazine
Court of Appeal
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