Time Inc Publication Sale
We acted for Time Inc. in the sale of its Australian magazine titles WHO, Bride To Be and Practical Parenting to Pacific Magazines. Time Inc. simultaneously entered into long-term licensing agreements with Pacific Magazines, allowing Pacific to publish the InStyle title in Australia and New Zealand, and to use editorial content from Time Inc.’s famous People title in WHO.
AFL New Media Rights Agreement
This matter led to an agreement between Telstra and the Australian Football League (AFL). Under the agreement, Telstra was granted a range of 'new media' rights by the AFL, including the right to webcast AFL matches and match highlights. The agreement also provides for Telstra to manage the online portals of the AFL and a number of AFL clubs.
Acquisition by funds advised by CVC Europe and CVC Asia Pacific through a special purpose vehicle (Red earth Holdings B.V.) (“CVC”) of a 75% economic interest PBL's key media assets
We acted for CVC in its successful bid for a 75% stake in PBL's key media assets including Channel Nine, ACP Magazines and some online businesses including ACP’s shareholding in Carsales.com.au and the NineMSN joint venture with Microsoft. As the successful bidder in a very competitive process, CVC has acquired a 75% economic interest in those assets, held in a separate media entity worth about $5.5 billion, making this one of the largest private equity deals in the Australian market to date.
LexisNexis: copyright infringement claim brought by John Fairfax Publications
We are acting for Reed International Books trading as LexisNexis in its defence of these copyright infringement proceedings which relate to the use of headlines from the Australian Financial Review in LexisNexis’ subscription news abstract service known as ABIX. John Fairfax Publications has commenced the proceedings as a “test case” and the Court will be required to determine some significant copyright issues, including the question of whether copyright subsists in bare headlines and the scope of the provisions in the Copyright Act for fair dealing for the reporting the news.
Renegotiation of television ratings contract
We acted for AGB Nielsen Media Research Pty Limited in the recent renegotiation of the television audience measurement agreement with OzTAM Pty Limited. The agreement covers Australian television ratings from 1 January 2008 onwards. OzTAM is owned by Networks Seven, Nine and Ten.
Seven Network Limited ats Mercedes Corby Defamation proceedings
This is the first major trial to take place in New South Wales since the enactment of national Uniform Defamation laws in 2005/2006. The proceedings relate to a series of high rating reports broadcast on Seven’s Today Tonight program in February 2007 concerning Mercedes Corby, sister of Schapelle Corby who is currently serving a 20 year sentence for importation of marijuana in a Bali prison. As well as making daily news headlines, the trial raises several significant issues of defamation law and procedure, including those relating to trials before the jury which has been empanelled to decide issues of publication and defences.
C7 litigation
We continue to act for Telstra in these proceedings following C7’s appeal of Sackville J’s landmark judgment in 2007. The proceedings have been well recognised for their unprecedented scale and the media coverage and public comment they and the trial judge’s decision have attracted. We are now preparing for the hearing of an appeal in November 2008, the outcome of which could reconfigure the pay television and sports rights markets in Australia and will determine novel and complex issues about the application of Part IV of the Trade Practices Act to the sports rights and broadcasting markets.