A dispute between singer Tommy Fleming and a record company over a CD and DVD collection of his songs released by the company at the same time as Mr Fleming released a self-financed album has come before the Commercial Court.
Mr Fleming claims he never would have authorised release of the recordings on the CD and DVD collection at the heart of the dispute between him and Clann Records, Tommy Fleming - The Essential Collection. He says the recordings were old, were never intended for commercial release and of such poor quality that he was concerned the public and his fans would be "bitterly disappointed" by them and be dissuaded from buying any of his records in the future.
The tracks were of poor quality and they were recorded at varying times several years ago unknown to him, he claims. Fans had returned copies of the CD to him, complaining the collection was a poor repetition of an earlier album entitled Tommy Fleming - Live At St Patrick's Cathedral.
He was unable to give refunds as he did not sell the disputed collection at concerts or on his website and he was concerned about the effect on his reputation.
He says the release coincided with the release of a studio album, Tommy Fleming - A Life Like Mine, which he had financed himself.
He had also learned the essential collection was outselling his own album as the former contained 35 tracks. However, he had received no royalties, despite claims by the company it was entitled to release the album.
Mr Justice Peter Kelly yesterday entered the proceedings by Mr Fleming, Castleconnor, Ballina, Co Mayo, against Clann Records Ltd, Bachelor's Walk, Dundalk, Co Louth, into the court list.
The record company had initiated earlier proceedings in the High Court arising out of the same disputed agreements between the sides, the judge was told.
Mr Fleming claims he owns the copyright of recordings in the CD and DVD of Tommy Fleming - The Essential Collection, which was marketed by Clann Records. He claims Clann Records is not licensed to market or use these recordings and denies that any licence granted by him to the defendant allowed it to market the recordings.
A settlement agreement between him and the record company of April 2005, under which both sides agreed to settle all claims between them up to that date, did not permit the record company to exploit, use or market the recordings, he also claims.
Mr Fleming also claims he is the owner of the copyright of a photograph of him which was used in the packaging of the CD and DVD collection without his permission.