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Off The Record
Byrne v. British Broadcasting Corporation
The Irish Voice - 5/3/00
DISCLAIMER:
BBC logo used only to identify adversary
by MIKE FARRAGHER
The following are excerpts from the multi-million dollar lawsuit Chris Byrne has filed
in federal district court in Manhattan against the BBC' which aired a documentary in
October 1999 using Byrne's song 'Fenians', without his permission.
...UPON information and belief, BBC (the defendant), its publicists and its
management have misled viewers into believing that (Chris) Byrne consented to the
use of his Work in the Infringing Program. Upon information and belief, as a result
of the defendant's conduct, a substantial segment of the public, including but not
limited to a substantial number of Byrne's (the plaintiff)
fans, now mistakenly believe that he has abandoned his principles for financial gain
and has endorsed an organization and viewpoints which he has previously
denounced. By reason of the defendants conduct, Byrne has sustained, and will
continue to sustain, substantial injury, including but not limited to (a) loss and
damage to hid rights to ownership in the copyrights of the Work, (b) damage to his
personal and professional reputation, (c) loss and damage to his company label,
Unity, including corporate image and reputation, lost sales of record albums,
performance revenues and related merchandise, (d) a decrease in the value of any
further licensing of his work, and (e) emotional distress. On March 10, 2000 plaintiff,
by his attorneys... forwarded the claim letter to the legal office of the BBC in
London. Over a month later, BBC has continued to ignore the plaintiff's claims.
Accordingly, BBC has left plaintiff with no choice but to bring this action seeking
appropriate recognition and recompense.
But deliberately copying, using, and exploiting plaintiff's Work, the defendant has
confused, deceived, and continues to confuse and deceive, thousands of viewers by
creating the false impression that the defendant's exploitation of the Work in their
productions and representations is associated, affiliated or connected with,
approved, sponsored or authorized by Byrne. The Infringing Program continues
false and defamatory materials of and concerning Byrne and his business, in which
the defendant imply that Byrne has consented to use of his work.
In particular, but without limitation, the defendant has falsely associated Byrne with
the BBC, and with the findings and conclusions of the Infringing Program.
Accordingly, the Infringing Program is libelous per se... Byrne has been injured in
his reputation, business and standing I the community... he has suffered damage to
his good name and integrity, both as an individual and as a performing and
recording artist, he has suffered mental anguish, he has been held up to public
scorn, ridicule and contempt... the plaintiff had been deprived of album sales which
would have occurred had the libelous statements not been made...the defendant
acted in a grossly irresponsible manner, without due consideration for the
standards ordinarily followed by responsible persons in the defendant's position.
As a result of the defendant's unlawful conduct alleged above, the plaintiff has and
continues to be substantially injured and is entitled to (a) special damages in an
amount to be determined at trial, (b) general damages in an amount to be
determined at trial, but believed to be in the excess of $2 million, and (c) punitive
damages in an amount to be determined at trial, but estimated to be in the excess of
$3 million.
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