Updated: 03/02/17 : 05:52:26
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Sligo singer sues Irish TV over DVD breach of copyright

Sligo singer Tommy Fleming will be dealt with only as an unsecured creditor if he wins his claim against a wound-up television company over revenue from a bestselling DVD, Voice of Hope, the High Court has heard.

Unsecured creditors usually get the smallest proportion of funds available in a liquidation after secured or preferential creditors have been paid.

Last December, Mr Fleming, Tina Mitchell Fleming and TF Productions Ltd obtained an injunction against Teilifís Mhaigh Eo, which broadcast the Irish TV channel from Co Mayo.

According to an Irish Times report the injunction restrained Irish TV passing off the Voice of Hope DVD under the title Tommy Fleming Musical Extravaganza or any similar trademark. It also restrained Irish TV from making the DVD available to the public without authorisation or broadcasting it in breach of Mr Fleming’s copyright.

The day after that injunction was granted, the High Court wound up Telifís Mhaigh Eo on foot of evidence it was insolvent and could not continue as a going concern.

Judgment

Mr Fleming’s proceedings returned before Mr Justice Paul Gilligan on Thursday when his counsel, Helen Johnson, sought an order for judgment against Telifís Mhaigh Eo in default of appearance by the company.

Kelley Smith, for the liquidator, Michael McAteer, sought an adjournment to allow her client consider whether to defend the judgment application.

Ms Smith said Mr Fleming’s claim could be dealt with only as an unsecured creditor of the company and any payment due would only be on that basis.

The liquidator would have to decide, after he received details of the claim, whether to defend it or whether it would be a waste of limited resources to do so, counsel said.

Mr Justice Gilligan has adjourned the matter for six weeks.

Separately, it emerged on Thursday that the Irish Post, based in London, has acquired the digital and intellectual property assets of the defunct Irish TV from the liquidator, including the Irish TV name.