Because I'm in Law School...

Perez Hilton is being sued for copyright infringement. After ignoring countless cease and desist notices from numerous photo agencies and media outlets, Mario Lavandeira, a.k.a. Perez Hilton, has been sued in federal court for copyright infringement by X17, Hollywood's largest celebrity photo agency. X17 contends that Perez, has knowingly and willfully used X17’s images on his blog without permission from the agency, thereby violating federal law. Perez's actions have caused substantial damage to X17’s business in the form of diversion of trade, loss of profits, injury to goodwill and reputation, and the dilution of the value of its rights. They are seeking $7.5 million in damages.

Perez's Defense as written by an entertainment attorney (not me--yet):

Copyright infringement is very tricky because the US Constitution protects both copyright and freedom of speech. Therefore, when the two collide it can be complicated. The balance is such that the Constitution wants to protect the artist (X17) but at the same time wants to limit their copyright because the works (photos) themselves may be useful to the public. Perez's defense will be "fair use."


Once X17 has proved they own the copyright, the burden will shift to Perez to prove fair use which involves four factors the court looks at.

1. The first factor is the purpose and character of the use. If the use is commercial in nature, then you are less likely to prevail than if it is for non-profit. If you are using the pics to try and get profit, you may be in trouble, but if profit is incidental, then you may be ok. Further, if you just use a thumbnail rather than the entire photo, you are likely to be ok. Perez will have a tough time with this factor.
2. The second factor is the nature of the work - Is the work unique or is it fact? In this case, I would argue it is more fact than artistic and so would be in Perez's favor.
3. The third factor is the portion of the copyright used. So, if for example it was a group photo and you cropped all but one, you are more likely to prevail. This factor is a tossup
4. The fourth and most important factor is how the posting affected X17.

If x17 can prove they were damaged by a reduction in sales or a the number of visitors to their site, then they would prevail. The numbers need to be real and verifiable and not just guesswork.If the facts are true as reported in the press release, and they may not be, then X17 has a strong case.

Lunchtime Loot

Eva Longoria is engaged to Tony Parker. If you remember, the two split up recently after he reportedly cheated on her. She flew out to France to try to work on the relationship. I guess it worked.

• "I felt like sending Michael Richards a note. I feel really badly for the guy. He was obviously in a state of stress. You don't need to be inebriated to be bent out of shape. But my heart went out to the guy. They [media] will probably torture him for a while and then let him go. I like him."
  - Mel Gibson. I guess I won't be seeing any of his new movies.

• As reported in an earlier post, Jennifer Lopez is having trouble conceiving. Well, she has turned to scientology to solve her problems--which is why she was invited to the TomKat wedding.

• Finally, after weeks of sneaking around, Jessica Biel and Derek Jeter made their first public appearance in Vegas as a couple.

• In law news, a woman is claiming her guacamole did not have enough avocado in it and filed a fraud lawsuit Wednesday against Kraft Foods, Inc. She claims the company's avocado dip doesn't qualify as guacamole. She's seeking unspecified damages. The guacamole was made with less than 2% of avocado. But, Kraft believes its consumers understand that it isn't made with real avocado.

Morning News

the new book, entitled The Gay Superhead, is set to expose the secret homosexual lifestyles of a number of hip hop superstars. Kimora Lee and Russell Simmons are only 2 of the famous people that the book is supposedly outing.

TomKat has purchased this home and plans to live in London, the county where the controversial religion has its UK base.

Is this the next Princess of England? Prince William is dating her and she spent Thanksgiving with the Queen. All of England is buzzing about the possible engagement of the two.

• Nicole Kidman is Hollywood' highest paid actress, says the Hollywood Reporter. Kidman gets as much as $17 million per movie, while runner-up Reese Witherspoon gets about $15 million. Renee Zellweger, Drew Barrymore, and Cameron Diaz round out the top five.

• Anna Nicole Smith has been evicted from her home by a court-order in the Bahamas. As we all know, now the landowner can have her forcibly removed. She also let it slip that she may be pregnant, again.

• And in better news, there has been almost 24 hours since the last Britney Spears Va-J-J sighting. Maybe she actually remembered to wear a pair of those expensive panties. I want to be able to root for her so badly, but she makes it really hard. I mean, her nobody husband cheated on her with a porn star--how embarrassing.
  
  

Cuteness

Evening News

Britney Spears has reportedly purchased $3000 worth of underwear. Let's hope she remembers to put them on. K-Fed has not partied since the split and is trying hard to get custody of the kids. He has lost the rapper decor and went with his GQ look. Britney better get her act together and fast.

According to an entertainment lawyer:
"I keep trying to type this and I just cannot believe what the caller said. They definitely would know, but it is still unbelievable. When this female celebrity (#1) is arguing with another female celebrity or two it has always been assumed that the argument pertained to boyfriends or some trivial matter. As one of the female celebrities (#2) continues to go through personal problems, she is reaching out to friends with the story that she is involved in an on again and off again relationship with the other female celebrity (#1) and that what started out as a laugh became love for celeb #2 while celeb #1 preys on those emotions and treats #2 as a plaything when she needs someone which is causing #2 to spiral out of control."

Who do people believe it is? Lindsey Lohan and Paris Hilton. Lindsey would be the one spiraling out of control. She reportedly overdosed last month and since become a member of alcoholics anonymous.

Jennifer Love Hewitt has issued a statement claiming that she is NOT pregnant. If she were pregnant, however, the father would probably be actor boyfriend Ross McCall.

Chris Daughtrey debuted at #2 on the billboard chart. Jay-Z was #1.

Nick lachey is becoming a part owner of a team – the Tacoma Rainiers franchise, the Triple-A affiliate of the Seattle Mariners, he tells PEOPLE in its new issue.

Cameron Diaz confirmed her nose job, but said it was for medical purposes, not cosmetic. Yeah right!

TomKat Photos

This dress is just beautiful.

K-Fed's Friend

This is the high quality woman that Kevin Federline was cheating on Britney Spears with. He would sneak off to the porn stars apartment for a quick rendezvous while he was in Vegas. What was he thinking?

Update...

Us Weekly is reporting that Britney Spears will not host the Billboard Music Awards. No word yet on if Paris will continue without her.

Nightly News

K-Fed spent Thanksgiving with his other baby's mama and her family. At least someone is willing to take him in.

This makes me feel a little better. Now if I could just have a make-up artist on call 24-7.

Pregnancy Rumors:

There are a few new pregnancy rumors. Kirsten Dunst and Jennifer Love Hewitt. Not sure about Kirsten, but Jennifer has been wearing baggy clothes and hasn't spoke publicly in awhile. Most celebrities wait until after their first trimester--to make sure there isn't a miscarriage. If Jennifer is pregnant, she should say it soon.

Katie Holmes has reportedly been seen to have a baby bump, but there are rumblings that this is false. Remember, both her and Tom have been eating a lot lately.

Britney Spears and Paris Hilton will be hosting this years Billboard Music Awards. Guess the Va-J-J pics paid off. Britney is having trouble finding a publicist. No one wants to deal with her antics. She doesn't listen to any advice they give her. I believe it. But someone needs to help her ASAP. She hasn't shown up for a recording session since she starting partying with Paris. The public, and all of her fan sites, are starting to lose their good will towards her.

Owen Wilson was eyeing engagement rings at Harry Winston. Will he pop the question to Kate Hudson soon? It's been less than 6 months since she filed for divorce.

FYI...

There are rumors of Jay-Z and Beyonce falling apart. He has reportedly been spending time at strip clubs--with the video to prove it. (It's Gross!!!). This is not a surprise. Jay-Z left her in the car for 40 minutes while he went into a club for what he called "business." I think it's time for her to tell him "To the Left."

Cameron Diaz has commitment issues and does not want to get married to Justin or any other man. That's why there hasn't been a wedding for the past 4 years.

Update on Jessica Simpson Sex Tape...

The tape does not exist. Her publicist and her father thought Britney Spears was getting too much information and decided to leak the story for publicity. Well, Britney did not lose the media for long. Last night she flashed her Va-J-J all over again. And this time there was nothing left to the imagination.

Morning Tidbits

Heath Ledger and Michelle Williams will be married soon. They picked up a marriage license recently.

Because I love penguins so much...

Brittany Murphy and the UK premiere of Happy Feet--which is an excellent movie!!

Perez Hilton is reporting that there is not a Jessica Simpson sex tape. But, he is also close friends with her--as well as Paris Hilton. THis one may just be a rumor, but time will tell.

On their split:
Pam Anderson and Kid Rock went to a screening of "Borat" at a Beverly Hills home two weeks ago, and Kid didn't like the movie one bit, screaming to Pam, "You're nothing but a whore! You're a slut! How could you do that movie?" in front of the assembled crowd after the film was shown. (Anderson plays the object of Borat's obsession in the film.) Since then, the 2 have not been on good terms. I can see why!!! What is with this guy?

Hilary Duff and Joel Madden reportedly split because of age differences. She is 19 and he is 27.

Nicole Kidman may be pregnant or she may have just packed on a few pounds. Many that have seen her up close say she is pregnant, but she was never able to conceive with Tom Cruise. Also, with her husband in rehab, the stress may have added weight. This is one we will just have to watch and see.

J.Lo is not pregnant yet. She is having a difficult time conceiving and is trying in-vitro fertilization. Hopefully that will work for her.

As requested...

The ever popular Jessica Simpson is rumored to be dating Dallas QB Tony Romo. Word is he told the media he had a crush on her. Her reps heard about it and set up a date. He has refused to comment on the rumors. However, John Mayer was spotted with her on Wednesday of last week. I'll keep a close eye on the new developments, but if anyone watched the episode of "The Newlyweds," then we all know that Jessica and football are not the closest of friends.

Afternoon Juice

Guess who has a sex tape today? That's right--Jessica Simpson!! The tape is with none other than Mr. Nick Lachey. (Not as juicy as it would be if it was John Mayer). She, of course, is upset. Rumor has it that the people who have it are the same that released the Pam and Tommy tapes. Why do celebrities tape themselves? Will they ever learn?


Another couple bites the dust. No word on the reason.

There have been several starlets (Lindsey, Paris, Britney)who have flashed their goodies to the camera sans panties over the past few months. ABC News has written an article about the incidents. ABC says that it is all for publicity, and I tend to agree. Why would they disrespect themselves like that? How will this influence the teens that influence them?

http://abcnews.go.com/Entertainment/story?id=2681885&page=1


In a turn of events in the Pam and Kid divorce, it seems there was a race to the courthouse. Kid beat Pam by 53 minutes.

Also, there are rumors that Nicole Kidman is pregnant. Not sure that is true, but I'll keep you up to date.

This Just In...

Pam Anderson has just filed for divorce from Kid Rock. This comes just weeks after she suffered a confirmed miscarriage.

Monday Morning News

Lindsey is claiming that Paris hit her. But, they were seen together last night. Joining them was none other than Britney Spears. No one knows what is going on. But, I think it’s all a publicity stunt. These girls all like to be talked about by the media. The more Britney is in the news, the less FedEx (K-Fed) is in the news. I for one would rather hear about her then that loser.

What’s new with Taylor Hicks? Here is a portion of a recent interview.
On his new single:
That single, “Do I Make You Proud,” I tried to make that single my own single but in reality it’s the show’s single. It’s not mine. The song that was given to me first, I got up from a chair and walked right outof the studio. I was handed this song and I was just like, “No way, you’re not going to make me sing this song. I’m out of here.” The beginning for me on a national level was American Idol, but obviously I’ve been trying to play as much live music as I could since I was about 15.
On watching American Idol:
You know what? I don’t watch it either! [laughs] You can write that.
On needing American Idol:
American Idol, for me, is fizzling out. I want to take that opportunity and exposure: you either come to see me, buy my album or you don’t. I’m not trying to meet expectations. If you can say you’re a working musician, then you’re doing something good. I’m just glad to be a working musician because that’s what I’ve always been.
Tom Cruise reportedly wore a girdle underneath his wedding suit because he recently packed on a few pounds (20 to be exact). I am including this because I know exactly how he feels. At least men these days feel the same way.

Akon, of “Smack That” fame, is a practicing polygamist and has 3 wives that live with him. He has reportedly been given a reality TV show to share with the world these adventures.

Jessica Simpson and John Mayer spent Thanksgiving together in TX—or so it was reported. Wonder where that will lead?
In further Jessica news, she was denied spokesmodel position with Miu Miu because she refuses to work with any other hair guy then Ken Pave. The company said his prom-dos would ruin the feeling of the clothes. You be the judge:

http://www.tmz.com/photos/celeb-crossovers/96135/

Madonna’s concert ratings—which took up a long 3 hours on TV—were the lowest of the night. She also made an appearance on a shopping channel to push her new children’s book. Maybe she should retire for a few years and then try a comeback.

First Post

I am a celebrity gossip addict. I love it. This blog is going to offer all the latest tidbits of all the best sites that I view on the web. I'll let you know what happends and I'll offer a link to the full story. As we all know, some of the information is false, but i'll try and find the stuff that is true. If there are any celebrities that you want juice on, let me know. I love to research! If I could do this for a living if I could.