The gossip site said in its complaint that Jacob Miller had misled them regarding the ownership of the video in question.
- Jan 10, 2016
AceShowbiz - TMZ is taking a U-turn and putting the blame on the source that provided them with a footage of Jared Leto cursing at Taylor Swift. The gossip site filed a complaint against Jacob Miller on Friday, January 8 in California federal court.
Leto was in hot water late last year for allegedly dissing Swift on camera. The 30 Seconds to Mars frontman was praising Swift for "Blank Space" but shockingly said at the end of the video "F**k her. I don't give a f**k about her." The video was posted on TMZ on December 7 and made Swift's fans upset.
A few days later, Leto sued TMZ for violation of his privacy rights. It was a bold move because TMZ is the child company of Warner Bros. aka the distributor of his latest film "Suicide Squad". He said in a statement, "I have chosen to file this lawsuit not because I want to, but in hopes it will encourage more people to stop trafficking in stolen goods, to follow proper legal procedure and so that it may motivate additional consideration for the harm these acts can create, especially when the only intention is to simply further the bottom line for the companies and corporations that commit these acts."
Leto also apologized to Swift via Twitter. "The truth is I think @taylorswift13 is amazing + an incredible example of what's possible. If I hurt her or her fans my sincerest apologies," he wrote. Swift remained mum about it.
According to THR, TMZ and WB hired Kelly Klaus to defend them against Leto's lawsuit. The legal team is pinning the responsibility to Miller. "A the heart of this lawsuit is a straightforward question," their complaint read. "Who owned the copyright in the allegedly infringed video on December 4, 2015? On that date, Third-Party Defendant Jacob Guy Miller represented to (TMZ affiliate) EHM that he created the video, that he had the right to and would sell it to EHM, and that he was free to do so 'without any obligations to any third party'."
It continued, "If Mr. Miller was the videographer (as he said he was), and he had the right to transfer the work on December 4 (as he represented), then Plaintiff's infringement claim necessarily fails, because Mr. Miller irrevocably gave EHM the right to publish the work as of that date. If [Leto's company Sisyphus Touring] owned the copyright on December 4, then Mr. Miller breached his representations, and he is liable for any judgment that may issue against [TMZ]."
TMZ pays its sources for published news which sometimes require contracts. Leto's lawsuit stated that the videographer was promised $2,000. A negotiation between Miller and TMZ occurred after the latter expressed an interest in publishing the video. Miller stated "I agree" to TMZ's terms in an email but he reportedly never sent back the contract.
Miller allegedly advised TMZ that the footage was stolen but the site "rushed to publish" the video anyway. Once the story was online, Miller sent an email to TMZ, saying "Do not post the footage. I do not own it. I do not have permission."
