How Byrne Beat The BBC
Byrne v. British Broadcasting Corporation
Irish Voice - 10/01
DISCLAIMER:
BBC logo used only to identify adversary
Mike Farragher
THESE are the best of times for Seanchai frontman (and founding member of Black 47) Chris Byrne.
He finally got satisfaction on his multi-million dollar lawsuit against the BBC. The channel aired a documentary in October 1999 using Byrne's song "Fenians" without his permission.
His case has been settled on the basis of a public apology to Byrne and his band Seanchai by the network, together with an undisclosed amount paid to Byrne by the BBC for inadvertently using his music, and a contribution by the BBC toward his legal costs.
The apology has been read and displayed on the air during the first Spotlight program for the fall season of BBC Northern Ireland.
The apology stated as follows: "In a Spotlight program on October 5, 1999 the BBC inadvertently breached the copyright of the composer Chris Byrne. The BBC would like to apologize to Byrne and his band Seanchai for this. The BBC also wishes to point out that the use of this composer's music was in no way intended to imply his support for any of the views or opinions expressed or examined in the program." (Full details of the trial's history can be found on Byrne's website, http://www.seanchai.com.) Clearly there are also dark clouds in an otherwise blue sky for Byrne. As a former cop in Times Square, he has suffered the painful loss of police and fire department friends in the WTC bombing.
While he refused to talk about these losses, I did get him to talk about the trial, his view of the bombings, and his new music. Here's how it went.
What exactly did the BBC settlement entail?
They aired a 20-second on-air public apology on the BBC, which is I presume a first for an Irish Republican.
Was there a financial settlement?
Yes.
Is it enough to give Rocky Sullivan's (the NYC bar he co-owns and performs at weekly) a new coat of paint?
There's enough that I don't have to deal with some miserable bar owners that I've known over the last couple of years. I'm legally not allowed to reveal the details around that.
How do you feel about getting that apology?
I feel 100 percent vindicated. It's a precedent to get an apology like that aired, particularly in the community that I represent.
What is the reaction of the community?
Everyone's delighted. I've been getting e-mails from all over the world about it.
What do you tell your kids that Daddy did?
Obviously, they are kids in modern day America. They had their ears up about the money. I think it teaches them about the story of the immigrant in America, which is the story of the underdog.
I mean, this is the most world-renowned TV station in existence that we were dealing with here. We took them on.
I think it teaches them about America as well. Obviously, BBC's first priority was to move the case to Britain. Once the judge made it clear that the trial would be held in the States, the BBC recognized that this is the land where the working guy has a shot.
I wanted to get your take on the war on terrorism. Given the fact that Blair has linked up with Bush, and Blair has branded the IRA as terrorists, do you see America targeting people in the IRA as part of this campaign?
With the Taliban, they nearly remind me of Prince: the artist formerly known as the Afghan Freedom Fighters. The Republicans are the ones that instigated the peace process and have been stifled in the institution of it over the last five or six years. I really don't see a comparison.
You're based in NY, and I know you were a former cop in the city. How have the recent events affected you?
They called in retired guys that day.
Were you involved in the relief effort?
Yes. To be perfectly honest, I'd rather step to the side on this. I hope that people will stand back as a result of this and get a better vision of what this country and this city in particular is about. The cult of celebrity stuff may be shown for the silliness that it is. I hope people get a newfound respect for public service.
I think people have redefined hero as a result of this.
A lot of these people were doing this on September 10 and were not held in the esteem that they deserved in general. I think our (Irish) culture in particular took a disproportionate hit. I mean, look at the names of the people lost.
Are you doing benefit work as a band?
To be honest, I think that contributions to this effort should be done in private. I know people want to get the sense of helping out, and I think that overall everyone is doing the right thing. I'd rather people took a more dignified approach to helping out.
Are you working on new music If so, how do the terrorist attacks influence your work?
Yes. We're in the lab. I think that anyone who was involved in a project prior to September 11, who felt forced to do a rewrite, should evaluate whether or not the work was superficial in the first place.
With my crew, we're going to continue to do what we do. We write politically provocative songs plus we try to give a reflection of what the New York is like that is not portrayed on Sex and the City.
We were singing about civil service and the "718" area code for years now. I think that 9/11 will bring out more stories to be told in that community.
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