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Edition: U.S. Article Save Email Print Reprints Most Popular Most Shared UPDATE 1-New U.S. senator helps Democrats advance jobs bill 22 Feb 2010 Jay Leno sets high-profile "Tonight Show" guests 22 Feb 2010 Arizona dog is world's tallest 22 Feb 2010 Bad news for record lottery "winner" 16 Feb 2010 Russian ice dancers stage folk dancing cover-up 22 Feb 2010 UPDATE 1-New U.S. senator helps Democrats advance jobs bill 22 Feb 2010 Arizona dog is world's tallest 22 Feb 2010 Jay Leno sets high-profile "Tonight Show" guests 22 Feb 2010 How to decline Facebook friends without offence 22 Feb 2010 UPDATE 2-California solar project gets $1.4 bln US guarantee 22 Feb 2010 TMZ sued over leaked Debbie Rowe interview Eriq Gardner Tue Feb 23, 2010 1:11am EST Debbie Rowe, Michael Jackson's ex-wife and mother of two of his children, passes through a magnetometer at the Santa Barbara county courthouse April 28, 2005, in Santa Maria, California. Jackson, 46, is charged with molesting a boy, then 13, at Neverland, plying the youth with alcohol in order to abuse him and conspiring to commit false imprisonment, child abduction and extortion. He faces more than 20 years in prison if convicted. Credit: Reuters/Aaron Lambert/POOL LOS ANGELES (Hollywood Reporter) - TMZ is being sued for broadcasting allegedly stolen and confidential footage of an interview with Debbie Rowe soon after her ex-husband, Michael Jackson, died last June. Entertainment | Television | People | Media The details of this lawsuit filed Monday in California District Court by F. Marc Schaffel Prods. raise interesting questions about the gossip Web site's news operation, copyright issues, and the boundaries between an entertainment clip and a fair-use news product. In the complaint, the plaintiff claims to be the owner of a 2003 filmed interview with Debbie Rowe. Some portions of the interview were aired in 2003, but others were held back as private and confidential, subject to a joint consent agreement between the interviewer and interviewee. After Jackson was indicted for child molestation in December 2003, the Santa Barbara County Sheriff obtained and executed a search warrant on Schaffel's home and seized the interview. Two years later, the County Sheriff represented that he returned the property and hadn't released the "confidential outtakes" to anyone. But last July, TMZ broadcast those confidential outtakes that included a conversation where Rowe talks about needing sedatives. The plaintiff says that Rowe's comments were made in the context of a joke about stage fright, but taken by TMZ to tie past drug use to Jackson's death from a prescription-drug overdose. After TMZ aired the interview, Schaffel and Rowe demanded that the confidential outtakes be removed. TMZ first claimed the video was sourced from a British TV station, but then said it came from the Santa Barbara Sherriff's Department. The plaintiff says that when confronted, TMZ rescinded the story and claimed its source was confidential. Schaffel is now seeking damages from TMZ over copyright infringement and conversion. Schaffel says the confidential outtakes have "an estimated value of potentially millions of dollars, the exact amount of which shall be proved at trial." TMZ may try to claim that its use of the clip was "fair use" and the court may apply the "four factor" test and look into the purpose and character of the use. Does an allegedly stolen entertainment clip need to be cleared or does any broadcaster have the right to broadcast footage in the name of "news" without need to obtain consent? Will a judge apply the rare so-called "fifth" factor of fair use that takes a moral evaluation of the goodness or badness of TMZ into account? And does TMZ as a news outlet get statutory protection from revealing sources of news if they are trying to protect allegedly stolen media? These will be questions posed in an interesting case that puts TMZ's news-gathering operation under the microscope. Schaffel also sued Fox News last month for airing the interview. Details of a possible lawsuit against TMZ were first reported by Hollywood Reporter blogger Roger Friedman last August. The complaint was filed by Howard King at King, Holmes, Paterno & Berliner. Entertainment Television People Media More from Reuters New senator helps Democrats advance jobs bill WASHINGTON (Reuters) - A modest job-creation bill advanced in the Senate on Monday as the chamber's newest Republican bucked his party and sided with Democrats on a $15 billion package of tax cuts and highway spending. U.S. death toll in Afghanistan hits 1,000: website Asia shares revive but await Bernanke rate clues | Video Wal-Mart buys Vudu in move into Web movies Toyota faces U.S. criminal probe, Japan government eyes impact | Video Brookfield eyeing bid for General Growth stake: report » More Top News Pointing fingers over Greece Fury over Greece using derivatives that masked its debt conveniently ignores the fact that it was not alone in exploiting EU accounting flaws. Full Article Factbox: Debt derivatives deals in the EU Goldman belittles Greece’s billions Greek debt shows need for guidelines Global Markets Vancouver 2010: The best of Day 10 Germany joined the U.S. at the top of the medals table while Canada grabbed gold in ice dance to help ease the pain of a demoralizing hockey defeat. Slideshow Medals for a few, defeat for most Drug-testers: stalkers or herders? Miracle on Ice revisited 30 years later 2010 winter olympics © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Analyst Research Mobile Newsletters RSS Podcasts Widgets Your View Labs Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts.com Buyouts Europe: Buyouts Conferences: Venture Capital Journal EVCJ International Financing Review International Securitisation Report Project Finance International PEhub.com PE Week Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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