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Judge says Nashville school shooter's writings can't be released as victims' families have copyright

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Judge says Nashville school shooter's writings can't be released as victims' families have copyright
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News

Judge says Nashville school shooter's writings can't be released as victims' families have copyright

2024-07-06 03:08 Last Updated At:03:10

NASHVILLE, Tenn. (AP) — The writings of the person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public, a judge ruled.

Chancery Court Judge I’Ashea Myles found that The Covenant School children and parents hold the copyright to any writings or other works created by shooter Audrey Hale, a former student who was killed by police. As part of the effort to keep the records closed, Hale’s parents transferred ownership of Hale’s property to the victims' families, who then argued in court that they should be allowed to determine who has access to them.

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FILE - Covenant School parents and their attorneys huddle in prayer outside a courtroom before a hearing to decide whether documents and journals of a Nashville school shooter can be released to the public Wednesday, April 17, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/Travis Loller, File)

NASHVILLE, Tenn. (AP) — The writings of the person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public, a judge ruled.

FILE - Covenant School parent Brent Leatherwood, center, listens during a status hearing in Chancellor I'Ashea L. Myles courtroom involving the release of records related to the the March school shooting Monday, May 22, 2023 in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - Covenant School parent Brent Leatherwood, center, listens during a status hearing in Chancellor I'Ashea L. Myles courtroom involving the release of records related to the the March school shooting Monday, May 22, 2023 in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - A roadside memorial is stands near the Covenant School on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - A roadside memorial is stands near the Covenant School on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - A large painting decorates a remodeled hallway in The Covenant School Tuesday, June 25, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents.(AP Photo/Mark Humphrey, File)

FILE - A large painting decorates a remodeled hallway in The Covenant School Tuesday, June 25, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents.(AP Photo/Mark Humphrey, File)

FILE - The entrance to the Covenant School is seen on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - The entrance to the Covenant School is seen on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

Myles recognized that claiming copyright as an exception to the Tennessee Public Records Act was a novel argument that previous courts have not ruled on. In the end, she agreed with the parents’ group, finding that “the original writings, journals, art, photos and videos created by Hale are subject to an exception to the TPRA created by the federal Copyright Act.”

The ruling, filed just before midnight Thursday, comes more than a year after several groups filed public records requests for documents seized by Metro Nashville Police during their investigation into the March 2023 shooting. Those killed were Evelyn Dieckhaus, Hallie Scruggs, and William Kinney, all 9 years old, and adults Cynthia Peak, 61; Katherine Koonce, 60; and Mike Hill, 61.

Part of the interest in the records stems from the fact that Hale, who police say was “assigned female at birth,” may have identified as a transgender man, and some pundits have floated the theory that the journals will reveal a planned hate crime against Christians.

The victims' families released statements praising the ruling on Friday. Cindy Peak’s family wrote, “The last year and a half without Cindy has been difficult. But today brings a measure of relief in our family. Denying the shooter some of the notoriety she sought by releasing her vile and unfiltered thoughts on the world is a result everyone should be thankful for.”

The shooter left behind at least 20 journals, a suicide note and a memoir, according to court filings. When the records requests were denied, several parties sued, and the situation quickly ballooned into a messy mix of conspiracy theories, leaked documents, probate battles and accusations of ethical misconduct. Myles' order will almost surely be appealed.

In addition to the copyright claims, the Covenant parents argued that releasing the documents would be traumatic for the families and could inspire copycat attacks.

Myles found that the copycat risk was real and “of grave concern.”

“Hale used the writings of other perpetrators in similar crimes to guide how this plan was constructed and accomplished, mimicking some not only in their methodology, but also choice of weapons and targets," Myles wrote. "Hale even held past perpetrators out as heroes in their attacks, idolizing them.”

The Associated Press is among the groups that requested the records but did not participate in the lawsuit.

Deborah Fisher, executive director of the Tennessee Coalition for Open Government, warned that Myles' ruling could have far-reaching implications, making it easier to hide evidence of a crime from the public.

“To say that evidence collected by police can be copyrighted by the criminal, or the surviving parent or spouse of the criminal, does not bode well for the transparency of the police or the judicial system," she said.

Fisher thinks it will lead to a system in which selective evidence is leaked, as it has been in the Covenant case. First, pages from one journal were leaked to a conservative commentator who posted them to social media in November. More recently, The Tennessee Star published dozens of stories based on allegedly 80 pages of Hale’s writings provided by an unnamed source. The publication is among the plaintiffs, and Myles briefly threatened to hold the paper's editor-in-chief, Michael Leahy, and owner, Star News Digital Media, in contempt.

Although Myles' ruling will shield many of the documents created by Hale from public release, other documents in the police file can be released once the case is officially closed as long as they fall under Tennessee's open records law.

An attorney for the lead plaintiff in the case did not immediately have a reaction to the ruling.

This story was corrected to show that The Associated Press did not participate in the lawsuit.

FILE - Covenant School parents and their attorneys huddle in prayer outside a courtroom before a hearing to decide whether documents and journals of a Nashville school shooter can be released to the public Wednesday, April 17, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/Travis Loller, File)

FILE - Covenant School parents and their attorneys huddle in prayer outside a courtroom before a hearing to decide whether documents and journals of a Nashville school shooter can be released to the public Wednesday, April 17, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/Travis Loller, File)

FILE - Covenant School parent Brent Leatherwood, center, listens during a status hearing in Chancellor I'Ashea L. Myles courtroom involving the release of records related to the the March school shooting Monday, May 22, 2023 in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - Covenant School parent Brent Leatherwood, center, listens during a status hearing in Chancellor I'Ashea L. Myles courtroom involving the release of records related to the the March school shooting Monday, May 22, 2023 in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - A roadside memorial is stands near the Covenant School on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - A roadside memorial is stands near the Covenant School on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - A large painting decorates a remodeled hallway in The Covenant School Tuesday, June 25, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents.(AP Photo/Mark Humphrey, File)

FILE - A large painting decorates a remodeled hallway in The Covenant School Tuesday, June 25, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents.(AP Photo/Mark Humphrey, File)

FILE - The entrance to the Covenant School is seen on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

FILE - The entrance to the Covenant School is seen on the one-year anniversary of a mass shooting, March 27, 2024, in Nashville, Tenn. The writings of a person who killed three 9-year-olds and three adults at a private Christian elementary school in Nashville last year cannot be released to the public. A Nashville judge ruled on Thursday, July 5, 2024, that The Covenant School children and parents hold a copyright to the documents given to them by the shooter's parents. (AP Photo/George Walker IV, File)

NEW YORK (AP) — The entertainment giant Paramount will merge with Skydance, closing out a decades long run by the Redstone family in Hollywood and injecting desperately needed cash into a legacy studio that has struggled to adapt to a shifting entertainment landscape.

It also signals rise of a new power player, David Ellison, the founder of Skydance and son of billionaire Larry Ellison, the founder of the software company Oracle.

Shari Redstone's National Amusements has owned more than three-quarters of Paramount’s Class A voting shares though the estate of her late father, Sumner Redstone. She had battled to maintain control of the company that owns CBS, which is behind blockbuster films such as “Top Gun" and “The Godfather.”

Just weeks after turning down a similar agreement with Skydance, however, Redstone agreed to a deal on terms that had not changed much.

“Given the changes in the industry, we want to fortify Paramount for the future while ensuring that content remains king,” said Redstone, who is chair of Paramount Global.

The new combined company is valued at around $28 billion.

Skydance, based in Santa Monica, California, has helped produce some major Paramount hits in recent years, including Tom Cruise films like “Top Gun: Maverick” and installments of the “Mission Impossible” series.

Skydance was founded in 2010 by David Ellison and it quickly formed a production partnership with Paramount that same year. Ellison, if the deal is approved by U.S. regulators, will become chairman and chief executive officer of what’s being called New Paramount.

The on-again, off-again merger arrives at tumultuous time for Paramount, which in an annual shareholder meeting in early June laid out a restructuring plan that includes major cost cuts.

Leadership at Paramount has been volatile this year after its CEO Bob Bakish, following a number of disputes with Redstone, was replaced with an “office of the C.E.O,” run by three executives. Four company directors were also replaced.

Paramount, however, has struggled to find its footing for years and its cable business has been hemorrhaging. To capture today’s growing streaming audience, the company launched Paramount+ back in 2021, but losses and debts have continue to grow.

Sumner Redstone used National Amusements, his family’s movie theater chain, to build a vast media empire that included CBS and Viacom, which have merged and separated a number of times over the years. Most recently, the companies re-joined forces in 2019, undoing the split consummated in 2006. The company, ViacomCBS, changed its name to Paramount Global in 2022.

Under Sumner Redstone’s leadership, Viacom became one of the nation’s media titans, home to pay TV channels MTV and Comedy Central and movie studio Paramount Pictures.

It is a company with a rich history, as well as a deep bank of media assets, ankd Skydance wasn’t the only one to gun for Paramount in recent months — Apollo Global Management and Sony Pictures also made competing offers.

Late last year, Warner Bros. Discovery also made headlines for exploring a potential merger with Paramount. But by February, Warner had reportedly halted those talks.

FILE - The main gate to Paramount Studios is seen on Melrose Avenue, July 8, 2015, in Los Angeles. Entertainment giant Paramount has agreed to merge with Skydance, a deal that will hand over control of the company that owns CBS and the studio behind blockbuster films such “Top Gun″ and ”The Godfather." The new combined company is valued at around $28 billion. (AP Photo/Nick Ut, File)

FILE - The main gate to Paramount Studios is seen on Melrose Avenue, July 8, 2015, in Los Angeles. Entertainment giant Paramount has agreed to merge with Skydance, a deal that will hand over control of the company that owns CBS and the studio behind blockbuster films such “Top Gun″ and ”The Godfather." The new combined company is valued at around $28 billion. (AP Photo/Nick Ut, File)

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