Singer Tommy Fleming awarded €150,000 against TV station over illegal broadcast of DVD

Singer Tommy Fleming awarded €150,000 against TV station over illegal broadcast of DVD

A High Court judge has found that singer Tommy Fleming suffered "a serious setback" following illegal broadcasts of his Voice of Hope DVD on an Irish television station and is entitled to damages.

The singer, his wife and manager Tina Mitchell Fleming and their company TF Productions were awarded a total of €150,000 damages against the broadcaster, Irish TV, which is currently in liquidation.

They had sued Irish TV after the station broadcast a promotional DVD sent out by the singer in relation to his 2004 recording "Voice of Hope" under the title 'The Tommy Fleming Musical Extravaganza". The broadcasts occurred in December 2014.

Mr Justice Paul Gilligan said he was satisfied Mr Fleming and Mrs Fleming had suffered damage and loss due to the copyright infringement.

In particular Mr Fleming "has suffered a serious set back to his entertainment career," had been "undermined" and "the professional standard he has operated under has been damaged" by the unauthorised broadcasts by Irish TV.

The Judge said the Flemings were entitled to €100,000 by way of damages for "infringement of intellectual property rights of which they are the owners."

In addition their company T.F Productions was entitled to €50,000 damages as a contribution to the money it expended on minimising its losses.

The Judge also awarded legal costs against the defendants.

Irish TV, which had operated from Westport Industrial Park in Co Mayo and broadcast a 24-hour channel on Sky, Eir and free-to-air services, did not contest the application.

The court heard that the station had in correspondence before its liquidation said it believed it had permission to broadcast the show.

In his evidence to the court earlier this year Mr Fleming said the station never had his permission to broadcast the Voice of Hope.

He said he learned about the broadcast from a friend and said he would never have used the term Extravaganza in relation to his work. That word he said meant "circus".

He said he had been damaged because the Voice of Hope had been broadcast on a small channel with low ratings. This had damaged his ability to be featured on major broadcasters.

While Mr Fleming accepted that he his wife and their company may not get much out of any damages award against a firm in liquidation he said he had to proceed with his action because the case centered around what was their work.

In his judgment Mr Justice Gilligan said Mr Fleming is "a talented artist who has been well received" and "has had a successful career in the entertainment industry both in Ireland and abroad."

The Judge also noted money had been expended on hiring extra staff, marketing and advertising to redress the drop in ticket sales caused by the defendant's breach.

More on this topic

Girl, 12, who suffered migraines years after wheelchair lift struck her car headrest in accident is awarded €60kGirl, 12, who suffered migraines years after wheelchair lift struck her car headrest in accident is awarded €60k

Judge adjourns court case that could see Bury Football Club wound upJudge adjourns court case that could see Bury Football Club wound up

Judge praises woman who posted images of beatingJudge praises woman who posted images of beating

Woman posted Facebook images of her beaten faceWoman posted Facebook images of her beaten face


More in this Section

Deal creating EU border in Irish Sea closerDeal creating EU border in Irish Sea closer

The key players in the UK’s hunt for a Brexit dealThe key players in the UK’s hunt for a Brexit deal

Talk of Northern Ireland-only backstop off the mark – Arlene FosterTalk of Northern Ireland-only backstop off the mark – Arlene Foster

Limerick IT and Athlone IT forming consortium to develop Technological UniversityLimerick IT and Athlone IT forming consortium to develop Technological University


Lifestyle

Can you imagine Spanish churros, Moroccan tagines or even Christmas cakes without its fragrant taste?MIchelle Darmody: Warm smells of cinnamon

Rachel Howard visits the South Moravia region to sample this eastern European country’s finest tipples.They’re big on beer but could the Czech Republic be raising a glass to wine tourism too?

Lisa Salmon catches up with a cardiologist, who explains how a patient’s own stem cells can repair damage from heart disease and heart failure.How stem cells are mending broken hearts

Hannah Stephenson discovers America’s dark past and Martin Luther King’s vision for its future by following the civil rights trail.Charting America’s path to freedom on a road trip through the Deep South

More From The Irish Examiner