Perez Hilton - Civil Litigation

Civil Litigation

A suit against Hilton for copyright infringement was filed by Zomba Label Group on October 11, 2007, stating that Hilton illegally posted recordings by Britney Spears on PerezHilton.com. The illegal postings include at least 10 completed songs and unfinished recordings leaked over a period of three months. The suit asks for real and punitive damages in an unspecified amount as well as legal costs. Spears is not a party to the suit. In March 2008, Hilton announced on his blog that he would no longer blog about artists signed to Sony BMG (which owns Zomba). However, when the lawsuit was settled in November of that year, Hilton ended his boycott and resumed regular blogging about Sony BMG artists.

On October 11, 2007, a judge cleared the way for Hilton to be deposed in an on-going defamation suit brought against him by DJ Samantha Ronson, after a post on PerezHilton.com claimed that she had planted cocaine in friend Lindsay Lohan's car and set Lohan up to be photographed while under the influence of alcohol and drugs. Hilton's report was a repetition of gossip initially posted on CelebrityBabylon.com. The judge was informed in court that the owner of that site has already settled the case with Ronson. On January 23, 2008, Perez Hilton was awarded $85,000 by Superior court Judge Elihu Berle in this lawsuit filed by Ronson.

Hilton has attracted lawsuits due to his use of video footage of celebrities on his blog. He was named as a defendant in a lawsuit filed by attorneys for Irish actor Colin Farrell on July 18, 2005, after posting a link to Farrell's sex tape with then-girlfriend Nicole Narain on his site and on February 20, 2007, a lawsuit filed against him by Universal City Studios Productions LLP for posting a topless image of actress Jennifer Aniston that was allegedly "misappropriated and illegally copied" from unreleased footage from her 2006 motion picture The Break-Up.

Bloggers, journalists, news agencies and photographers alike have charged that Hilton posts paparazzi photographs and other copyrighted content from their sites. On November 30, 2006, celebrity photo agency X17Online filed a lawsuit against L Hilton in federal court, seeking over US$7.5 million in damages for copyright infringement. X17's co-owner Robin Navarre told the Los Angeles Times that the sale value of their photographs has been significantly reduced because the photos have appeared on PerezHilton.com before they could be published in magazines to which exclusivity is important. Navarre said,

"X17 can make as much as tens of thousands of dollars from one magazine on an exclusive story. In the case of the Spears smooch shot, X17 sold a two-page spread to Us Weekly, but the magazine decided to shrink the photo play (which lowered the price by $10,000, to $15,000)...because the images had already been on Hilton's site and others."

Hilton defends his use of this material by claiming it falls under the fair use exception to the Copyright Act; that is, according to the Los Angeles Times, the photos are altered "to achieve a satiric or humorous end." On March 9, 2007, a judge ruled that Hilton could continue operating his website while the lawsuit remained before the courts. On April 23, 2007, a consortium of five celebrity photo agencies filed a joint lawsuit in federal district court in California against Hilton, claiming more than US$7 million in damages from 25 instances of alleged copyright infringement. Just days later, on April 26, 2007, upon arriving at the Sydney Airport in Sydney, Australia to attend the MTV Australia Video Music Awards, Hilton was served with a lawsuit by celebrity photo agency PhotoNews claiming C$4,200 in damages for his alleged unauthorized use of a single copyrighted paparazzi photograph of John Mayer and Jessica Simpson.

On June 20, 2007, Variety reported that Hilton's web host had dropped his site upon threats of liability in the cases outlined above. Francois Navarre, co-owner of X17, told Variety, "It's the first victory, and we put a lot of work into trying to get this to happen." He added, "It's a precedent that's huge. When we were talking to Crucial Paradigm they were saying they were not responsible, dragging their feet. We had to threaten them and show them they were liable. His new host is Blogads, and we're contacting them already."

On June 26, 2007, Hilton posted an open call on his blog to all of X17's photographers, both past and present, to contact him if they have not been adequately compensated for working overtime or pictures submitted in the past. Hilton has not used photos by X17 on his website since the suit.

According to an August 2009 Los Angeles Times profile of Hilton, X17's lawsuit against Hilton was ultimately settled out of court. The terms of the agreement were not disclosed.