Markle secures ‘odd’ confidential sum over copyright infringement win
Meghan, Duchess of Sussex, will receive an undisclosed amount from Associated Newspapers (ANL) after the publisher was found to have infringed her copyright.
The development marks the end of Markle’s long-running legal battle against the owner of tabloid newspapers, the Mail on Sunday and Mail Online.
In August 2018, the duchess filed two separate claims over articles that featured excerpts from a “personal and private” letter she had sent to her estranged father, Thomas Markle, alleging copyright infringement and misuse of private information.
According to a court order issued on December 17 by the England and Wales Court of Appeal, ANL must pay the duchess a previously agreed-upon confidential sum related to the claim of copyright infringement.
The media group is also set to pay the duchess £1 in nominal damages for misuse of private information alongside her legal costs, according to an order issued by the England and Wales High Court.
Commenting on the confidential nature of the copyright infringement damages, Mark Kramer, copyright specialist at IP law firm, Potter Clarkson, said:
“In the circumstances, it is odd that the compensation attributed to the privacy claim is public and nominal, while the copyright claim attracts what would seem to be substantial but confidential damages, as the measure of copyright damages would rest upon the private nature of the work in question. Presumably the parties have agreed to this approach for PR reasons.”
Simon Clark, partner at Bristows believed that the approach made sense for both sides.
“Agreeing a confidential payment saves both parties from what can often be further expensive and time-consuming court proceedings to establish an appropriate sum in relation to the damage caused, or alternatively the profits gained by the infringer as a result of the copyright infringement,” he explained.
“By successfully using the summary judgment procedure, Markle’s lawyers obtained the judgment from the High Court (since upheld by the Court of Appeal) without the need for Markle to give evidence in court.
“Once a judgment on liability for copyright infringement has been obtained, it is very common for parties to agree to a settlement figure to avoid a further trial for an assessment of damages or an account of profits.”
The duchess secured her victory last year when a High Court judge found in her favour without a full trial, and has confirmed that the confidential sum will be donated to charity.
At the time, she criticised a “tabloid industry that conditions people to be cruel, and profits from the lies and pain that they create”.
ANL had previously said that it was "very disappointed" in the findings and was considering an appeal to the UK's Supreme Court, but it has now conceded defeat in the long-running case.
On December 26, 2021 the Mail on Sunday published a statement confirming that the Duchess of Sussex had won her legal case for copyright infringement against ANL.
On page three, under the heading “The Duchess of Sussex”, it added: “Following a hearing on 19-20 January, 2021, and a further hearing on May 5, 2021, the court has given judgment for the Duchess of Sussex on her claim for copyright infringement.
“The court found that Associated Newspapers infringed her copyright by publishing extracts of her handwritten letter to her father in The Mail on Sunday and on Mail Online. Financial remedies have been agreed.”
Markle has hailed her win as a “a victory not just for me, but for anyone who has ever felt scared to stand up for what's right”.
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