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Wednesday, April 7, 2010 as of 11:14 AM ET

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  • Gawker agrees to pay Eric Dane, Rebecca Gayheart undisclosed sum for posting sex tape: Report

    Gossip site Gawker.com has been forced to pay actors Rebecca Gayheart and Eric Dane to settle a $1 million lawsuit for featuring their homemade sex tape on the site last fall, according to a report from The Hollywood Reporter.

    Gawker reportedly paid the couple an undisclosed amount that was somewhere in the low six-figures, the Hollywood Reporter said. The case was filed last September after excerpts of the tape featuring Dane, Gayheart and former Miss Teen USA Kari Ann Peniche in a threesome , appeared on Gawker’s Defamer blog.

    Because Dane, who appears on “Grey’s Anatomy,” held the camera for a portion of the shoot, he had partial copyright of the footage. According to the Reporter,  Gawker initially ignored demands that the video be removed, saying they had fair use under copyright laws.

    In a December hearing, a judge ruled the couple could not recover statutory damages for infringement because they registered the tape after Gawker posted it. But Dane and Gayheart did not back down, arguing they were entitled to any profits Gawker made from posting the video.

    After both sides agreed to a private mediation, the settlement deal was reached, the Reporter said.

    Gawker COO Gaby Darbyshire said via statement that the site agreed to remove the posts “as part of a global settlement to avoid the burden of further litigation.”

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