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Federal Court Gives Green Light To Irish-American Rapper's $5 Million Copyright Case Against The BBC
Byrne v. British Broadcasting Corporation
DISCLAIMER:
BBC logo used only to identify adversary
Irish-American hip-hop artist Chris Byrne, familiar to Irish music fans as Seanchai (pronounced SHAN-a-kee), and as a founder of the Irish musical group, Black 47, has won a significant court victory in his multimillion dollar legal action in Manhattan Federal Court against the British Broadcasting Corporation for unlawfully copying and exploiting his voice and music.
In an 18-page decision essentially sending the case to trial, United States District Judge Sidney H. Stein has denied the BBC's motion to dismiss, finding that the BBC's conduct "is a prima facie violation of the Copyright Act...." The Court rejected the BBC's purported "fair use" defense, concluding, among other things, that "on this record, a reasonable jury could find that the BBC's recording of [Byrne's] Song was... a calculated attempt to obtain entertaining footage only tenuously related to its news reporting purpose." The Court also rejected the BBC's effort to move the case from New York, where Byrne lives, to London, ruling as follows:
Waxing creative, the BBC claims that "all roads lead to Britannia," Def.'s Mem. at 34, and Byrne asserts that "there's no place like home," Pl.'s Mem. at 33. Home is where Byrne is entitled to stay, absent a showing that the... factors weigh "strongly in favor" of dismissal. The BBC has failed to make such a showing. Accordingly, the BBC's motion to dismiss the complaint on the grounds of forum non conveniens is denied.
The action arises from a BBC "Spotlight" documentary about an alleged Florida-based IRA gun-running operation. In its program, the BBC misappropriated Byrne's copyrighted musical recording, "Fenians," without license or permission. But the issues go much deeper than standard copyright infringement. By taking Byrne's instantly recognizable voice and musical work, the BBC has caused Byrne to be unwillingly associated with a British media company, and an anti-Irish message, both of which Byrne has long opposed.
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