Case to have ‘serious ramifications for media’

A copyright case involving Fine Gael MEP and former GAA president Seán Kelly and a photographer will involve copyright issues with "potential, serious ramifications for the media", solicitor for the press photographer Michelle-Cooper Galvin said.

Ms Cooper-Galvin, of Nunstown, Aghadoe, Killarney, Co Kerry, alleges that Mr Kelly breached her copyright by using two of her photographs in his 2008 biography, Rule 42 and All That, published by Gill & MacMillan.

Ms Cooper-Galvin is seeking damages for infringement of copyright and orders pursuant to the enforcement of intellectual property rights as set down by European Communities (Enforcement of Intellectual Property Rights) Regulations 2006.

She is suing Mr Kelly and the publisher, claiming they both infringed her rights by using two photographs, which she took, in a literary work that was for sale nationally and internationally, without her permission and without paying her.

Mr Kelly, of Ballydowney, Fossa, Killarney, and Gill & MacMillan, of Hume Avenue, Park West, Dublin, are being jointly sued by the photographer.

Both defendants have previously served notice of their intention to fully defend the case.

Padraig O’Connell, for Ms Cooper-Galvin, yesterday told Judge Timothy Lucey at Killarney District Court that two judges had excused themselves from hearing the case.

“Settlement discussions” had taken place, but it was not resolved.

A day would be needed, the solicitor told the judge when he asked what kind of time would be needed.

Judge Lucey indicated to the court registrar to contact the president of the District Court to get another judge to Killarney to hear the case. The matter has been adjourned to December 19.

Defendants were not represented in court.