A daughter of the late singer and composer Delia Murphy is seeking 50 per cent of the royalties on her mother's songs earned by Walton Pianos and Musical Instruments Galleries dating back to 1939, the High Court was told yesterday.
Ms Orla Browne, Killiney Avenue, Killiney, Co Dublin, has brought proceedings as the legal personal representative of Ms Murphy, late of Strawberry Beds, Dublin, who died in February 1971.
Ms Browne claims a written agreement, dated February 1st, 1939, was made when Ms Murphy assigned to Waltons the full copyright for all countries of 13 musical compositions.
The list includes some of Delia Murphy's best known songs, including The Spinning Wheel, If I Were a Blackbird, Three Lovely Lassies from Bannion and Coortin in the Kitchen.
Yesterday, Mr Angus Buttanshaw, for Ms Browne, sought an order for discovery of documents concerning details of the royalties going back to 1939. He said the documents should be available.
Mr Kenneth C. Fogarty SC, for Waltons, said there was a delay of a quarter of a century in the case. Asking his clients to go back 30 years was invidious.
The defendants deny that the late Ms Murphy or her estate have any copyrights in the scheduled works, in particular, but not limited to, The Spinning Wheel.
Waltons also deny that all or any monies received in respect of royalties payable to the late Delia Murphy were held in trust for the deceased. The defendant also denies that monies have been received or retained by Waltons or converted to its own use as alleged.
In an affidavit, Mr John G. Walsh, a solicitor for the defendant, said Waltons had paid over a sum of £6,000 over a period of six years. That payment was in addition to an initial payment of £5,000 made by Waltons to the estate on February 1st, 2000, as a goodwill gesture.
It made a subsequent payment on July 25th, 2002, of £4,509 for royalties. Mr Justice Kelly said it seemed clear the defendant had records available to them which would be capable of being discovered. The judge said he would defer making any order until June 30th. This would enable the defendant to bring a motion disputing the entitlement to discovery on grounds of delay.