Garda was suspicious over 'pirated' Blur tapes but criminal case not proven
A CHARGE under the Copyright Act brought against a Claremorris man were dismissed at Castlebar court. After hearing the evidence Judge Dan Shields said that while piracy was a serious matter for people in the music industry, the case against Owen Collins, 35 Lui na Greine, Claremorris, had not been proved in the criminal sense and he dismissed the charge against him. John Dunne of the Irish Record Music Association told the court he met Garda Martin McHugh on April 28 who produced a box containing audio cassette tapes. He examined them and found them to be infringing copies. Under cross-examination by Mr. Kevin Bourke, defending solicitor, Mr. Dunne explained the difference between infringing and authentic copies. An authentic copy will have details of the artist, music and label and an infringing copy will state 'see inlay card for details'. The sound was lower on an infringing copy and the sleeve doesn't give full information. Mr. Bourke asked if a person was illiterate could they distinguish between the copies. If an illiterate person went into a pound shop and bought the tapes they would assume they were genuine. Mr. Dunne said infringing copies were widespread and were normally advertised as being on sale for £3 each or two for £5. Garda Martin McHugh told the Judge on January 22 last at 10.30p.m. Collins was parked at the entrance to Lough Lannagh. When asked had he anything in the van he said he had a few tapes. He opened the door and took out a cardboard box with 83 cassette tapes. Garda McHugh took the tapes and had them examined by the Irish Record Music Association who certified them as being infringing copies. Collins told him he bought the tapes in Wexford from a man he didn't know and he had no receipt. Mr. Bourke said his client's evidence would be that the tapes belonged to his son and he had bought them in a pound shop. In cross-examination Garda McHugh said he became suspicious as there was a number of the same tapes. In his direct evidence Owen Collins said he was parked at Lough Lannagh when approached by Garda McHugh. He told him he had tapes in the van but that he did not own them. They belonged to his son. He told the court he had never traded in his life and could not read or write, apart from writing his name. He told the Garda to bring the tapes with him. Pat Collins told the court he owned the tapes and that he had bought them in a pound shop in Waterford. He too could not read or write, apart from his name, and he knew nothing about copyright. He had placed the tapes in a shed but they were getting damp and he put them in the van. Under cross-examination by Superintendent Joe Staunton, Pat Collins said he had bought the tapes to give away as presents. He had a number of copies of tapes such as two or three Blur tapes because a lot of his friends liked the same music. He had purchased the tapes in the summer. Mr. Bourke said the State would have to prove Collins was a tradesman who sold the items. There was no evidence that he was trading. He said Mr. Dunne had pointed out it was sometimes difficult to distinguish between original and fake copies. Collins was only able to write his name and knew nothing about copyright. It was not proved that he held them for trade and was aware they were not genuine. He should be given the benefit of the doubt. Judge Shields said it was obviously a serious matter for people in the music industry that their tapes were being pirated and sold and there was a tremendous loss to the parties concerned. However he could not find that the matter had been proved in the sense that it had to be proved in a criminal sense. He said he did not believe Pat Collins evidence in relation to the tapes and "he was a very unhelpful witness. However that does not mean Owen Collins is to be convicted." Judge Shields dismissed the charge and ordered that the tapes be forfeited and destroyed. |
