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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 12367
Experience:  Barrister 17 years experience
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Do you know about defamation and whether I would potentially

Customer Question

Hi there do you know about defamation and whether I would potentially lose if my case went to court or not.Thanks Zack
Submitted: 20 days ago.
Category: Law
Expert:  Buachaill replied 20 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Customer: replied 20 days ago.
Ok great
Expert:  Buachaill replied 20 days ago.

1. Dear Zack, could you provide more information about your claim in defamation please? It does without saying that all litigation is hazardous so there is always the possibility of losing any legal action you take. So, you need to ensure that the law is in your favour when taking defamation proceedings as not all actions succeed.

Customer: replied 20 days ago.
Do I send you the pre action protocol I was sent initially? It was regarding a comment I made about a company that took my publishing royalties for a song I made. I made a defamatory statement against them calling them “fraudsters for taking my royalties”
Customer: replied 20 days ago.
I have had solicitors write back and forth but they arnt barristers
Customer: replied 20 days ago.
the demands got worse and worse
Customer: replied 20 days ago.
From the claimant
Expert:  Buachaill replied 20 days ago.

2. There is no need to send the pre action protocol. I essentially need to know the facts. Essentially, you need to be able to show that what you said was true given the circumstances. So, essentially, you need to show they took your royalties.

Expert:  Buachaill replied 20 days ago.

3. Essentially, if they took your royalties, then they are fraudsters. However, if there was some mistake made, then they aren't fraudsters. So, you need to be able to show firstly, that they took your royalties, but also that they never intended to give them to you.

Expert:  Buachaill replied 20 days ago.

4. So, you will plead truth or justification in defending the claim and seek to show that your royalties were not paid over to you and they had no intention of doing so.

Customer: replied 20 days ago.
Yeah I have a screenshot of the publishing splits where they took 100% of my publishing royalties claiming it’s their song
Expert:  Buachaill replied 20 days ago.

5. Well, that is very clear evidence if misappropriation of your royalties. Accordingly, so long as the song is yours, you can defend the action aggressively and fight off the claim.

Customer: replied 20 days ago.
Yeh when my rep spoke to them about it they said the song has similarities to theirs and that’s why they claimed my royalties
Customer: replied 20 days ago.
I was told from my solicitors unless I have lots of money I won’t be able to fight back
Expert:  Buachaill replied 20 days ago.

6. Just because the song is similar, this does not entitle them to your royalties. Essentially, they would have to sue you for copyright infringement if they wanted to make a claim to your royalties. So, they have acted in a wrongful manner here.

Expert:  Buachaill replied 20 days ago.

7. You can defend yourself and fight off the claim. You don't need lots of money to fight back if you represent yourself.

Customer: replied 20 days ago.
The company who collects the publishing (PRS) apparently went through a dispute process with them and they had provided a “declaration” stating it’s theirs and succeeded in their claim. That’s why I commented publicly on my Instagram page to all my followers (440k)
Customer: replied 20 days ago.
My solicitor said I should have started a claim against them on prs instead of defaming them at which point they can claim damages
Expert:  Buachaill replied 20 days ago.

8. It is easy to be wise after the event. What you should do now is both - start a claim before the PRS and also defend the defamation proceedings.

Customer: replied 20 days ago.
That makes sense. They’ve sent an out of court settlement saying they won’t take me to court
Customer: replied 20 days ago.
If I do a video apology and pay them
Their legal costs of 3k
Expert:  Buachaill replied 20 days ago.

9. Well, it is up to you if you want to accept this.

Customer: replied 20 days ago.
My comment about them was made on my Instagram story (a post that only lasts for 24 hours) and they were claiming that it costs them up to 20k in damages.
Customer: replied 20 days ago.
I was happy to just pay them because it’s such a waste of time but it goes against my integrity as a truthful person
Expert:  Buachaill replied 20 days ago.

10. It is your own decision whether you want to settle with them or not.

Customer: replied 20 days ago.
Yeah of course I will make that decision.
Expert:  Buachaill replied 20 days ago.

11. Good luck with it.

Customer: replied 20 days ago.
I just wondered how much a court would award them in the event of them claiming damages
Expert:  Buachaill replied 20 days ago.

12. The reality is that the court will award them zero if it is not true.