While lawyers for Narain and Farrell contest the copyright issues surrounding the sex tape in a Los Angeles Superior Court, TheSmokingGun.com is reporting that ICG will pay a $3 million advance for the rights to distribute the 15-minute tape, should Narain prevail. Under the terms of the deal, Narain receives 60 percent of the net revenues.
“We believe that Ms. Narain is entitled to exercise her copyright per federal statutes, and we hope that the court will clear the way for the tape to be released soon,” Sal Abbate, CEO of ICG, told XBiz in January.
On Monday Judge Elihu Burle denied Narain’s motion to dismiss the case. Narain’s lawyers will now have to answer the actor’s complaint, which was filed in July of 2005. Farrell maintains that the two had agreed to make the tape for private use only.
Win or lose, Narain will make some money. The agreement, which attorney’s for Farrell included in their brief to the court, guarantees the Playmate $100,000 regardless of the litigation’s outcome. In addition, Narain will receive up to $60,000 for her legal fees.
If Narain succeeds, ICG plans to distribute the tape via its website, HollywoodSexTapes.com. Despite efforts by Farrell’s attorneys, portions of the tape have leaked out onto the Internet; bootleg copies of the full version also exist.
