U2 plagiarism case appears to be dropped after cryptic message is read out in court
Plaintiff’s barrister asked to write to him for clarification
‘I will not pursue this matter further’ ‘He offered it to U2 on certain terms’
A MAN who claimed he is the true author of a track on one of U2’s albums has sent a cryptic email apparently indicating he has dropped his High Court case against the band.
Dublin musician and songwriter Maurice Kiely had claimed he was the author of A Man And A Woman but that the globally famous Irish band breached an agreement with him surrounding its use.
He had claimed a total of €12million in compensation from U2, who had included the song on their 2004 album, How To Dismantle An Atomic Bomb.
Judge Mark Sanfey had been due to set a date for an application that Mr Kiely was making, in which he wanted the band members to answer 27 questions under oath, ahead of the full hearing of the case.
However, when the list to fix dates was reached yesterday, Judge Sanfey was told by a barrister for U2 that the band’s solicitor, Simon Murphy of Beauchamps, had received an email from Mr Kiely that morning, which was ‘of interest’.
Judge Sanfey noted: ‘This reads, Mr Murphy, I will not attend court today, nor pursue this matter further. Should the members of U2 still wish to avail of what I offer they will need to contact me... sincerely, Maurice Kiely.’
No explanation was given to the court about what Mr Kiely had offered.
The U2 barrister continued: ‘I have been instructed that in the past Mr Kiely has made similar claims or statements but has yet come back nonetheless to pursue his claim. On that basis we are happy to go ahead and fix a hearing for Mr Kiely’s application.’
Judge Sanfey asked: ‘So you are asking me to fix a date in circumstances where the moving party says they don’t want to pursue it any further?
‘Could you have your solicitors write to Mr Kiely, asking for his confirmation that he is abandoning the proceedings, and perhaps informing him that you intend to apply next Friday to have the proceedings struck out, and asking him to consent to that?
‘I am not going to fix a date (for the previous application). I am going to put it in for mention next Friday and you will have written that letter and hopefully got a response.’
Mr Kiely has claimed he was in a relationship with the American supermodel Cindy Crawford, and that he wrote A Man And A Woman in 1998 and performed it to her in Los Angeles.
He sought €8million in compensation from U2 for allegedly breaching an agreement not to perform the song, and a further €4million in punitive damages ‘given the personal net worth’ of the individual band members. However, counsel for U2 has insisted to the High Court that singer Bono wrote the lyrics and the band composed the music for the track. On Monday, Mr Kiely had sought permission to compel bass guitarist Adam Clayton, Paul Hewson – better known as frontman Bono – drummer Larry Mullen Jnr and guitarist David Evans, aka The Edge, to answer 27 questions under oath. Last year, Mr Kiely made a similar application, but for a fewer number of questions – 16 on that occasion.
He said the answers to the questions, directed on that occasion purely to Adam Clayton, would help speed up the proceedings by facilitating the establishment of the relevant facts.
The questions then included a query as to who had composed the song.
They also asked where Clayton was when he first heard the song, and whether Clayton would still hold to his denials of Mr Kiely’s claim, if Cindy Crawford were to state publicly that Mr Kiely had written the track.
His application was refused by Judge Brian O’Moore, on the grounds that all the questions were ‘inappropriate’.
Judge Sanfey warned Mr Kiely that there were legal rules preventing him from trying to run the same application again.
He said Mr Kiely must lodge papers with the court, detailing his application in full, and allowing U2 to respond with Court: Dublin-based musician Maurice Kiely who says U2 played one of his songs live written submissions. In his ruling in March 2023, Judge O’Moore said Mr Kiely had become aware in 2004 that U2 were sourcing material for the album, How To Dismantle An Atomic Bomb.
‘He offered the song to U2 for use on the album but on certain terms,’ the judge said.
‘These terms were that the song be used only on the album but would never be performed live by U2 nor registered as their own composition “in a copyright office”.
‘This arrangement was reached between Mr Kiely and Adam Clayton, a member of U2, in the kitchen of the parish centre of Donnybrook Church.’
The judge said Mr Kiely had told the court in his submissions that he became aware that the agreement he had made with Mr Clayton was not honoured by U2.
Mr Kiely also alleged that the song was included in another release apart from the agreed album, and was performed live by two of the members of U2 at the Bill Clinton Foundation inauguration at the Hollywood Bowl in Los Angeles.