The High Court’s heard that the members of U2 should not be obliged to be questioned under oath as part of one man’s claim that he wrote a song on the band’s 2004 album.
The Irish Times reports that U2 Ltd denies claims from Maurice Kiely that he wrote the song ‘A Man and a Woman’ before being unlawfully included on the album ‘How to Dismantle an Atomic Bomb’.
Senior counsel for U2 Ltd, Kelley Smith said her client has “no knowledge of the facts, per se,” and that Mr. Kiely has “only memories of occurrences he believes have taken place”.
She outlined to the court that he claims he is entitled to damages because the veteran rockers breached his copyright and stole his intellectual property.
Similar proceedings were brought before a court in the United States in 2019 which were dismissed. He is seeking €2.8m in damages according to reports.
Maurice Kiely claims he performed the song in Santa Monica, California, to the former supermodel Cindy Crawford, with whom he alleges he had a relationship, counsel added.
He says he posted a recording of the song in a sealed envelope to himself, the court heard.
Mr Kiely alleges U2 was short on material and he entered an oral agreement with U2’s bassist Adam Clayton, concerning the song.
Ms Smith said Mr Kiely’s application should fail due to his attempt to “sidestep” his pleaded case.
Mr Justice O’Moore said the band members U2 Ltd claims wrote the song have not pleaded this claim on oath.
Ms Smith responded by saying U2 Ltd was not obliged to do this or to identify potential witnesses to an alleged performance of the song. Mr Kiely’s claims are fully denied.
Mr Kiely, representing himself, said he is asking Mr Clayton to confirm Mr Kiely’s memories of what occurred.
Mr Kiely added that he did not think any person should be put on a pedestal to the point that they are above answering interrogatories. Mr Justice O’Moore reserved his decision.
