THE HIGH Court action by designer Jen Kelly over the use of his designs in costumes for Riverdance The Showhas been withdrawn.
Mr Kelly (49), North Great George's Street, Dublin, had sued Abhann Productions and Tyrone Productions, Dublin, alleging breach of contract. Abhann Productions is the company set up by husband and wife team John McColgan and Moya Doherty to control Riverdance.
Mr Kelly alleged the defendants breached an agreement of November 1999 whereby, he claimed, they undertook not to use his costume designs in connection with any live performance of Riverdance The Showafter December 31st, 2001. Mr Kelly had further claimed some €820,000 damages, alleging he had not been given proper credit for his work and his designs were used and altered without his consent.
The defendants had denied the claims.
Yesterday, Mr Justice John MacMenamin was informed by Anthony Collins SC, for Mr Kelly, that the proceedings had been compromised and his client wished to withdraw the case.
Asking the judge to strike out the case, counsel said Mr Kelly now accepts the defendants did not use costumes he had designed nor copies of them in live performances of Riverdanceafter December 31st, 2001. In opening the case, Mr Collins had said that following the success of Riverdanceat the 1994 Eurovisionshow in Dublin, his client agreed to design costumes for Riverdance The Show.
He said Mr Kelly was approached by Ms Doherty to create the costumes and, as the show's popularity expanded, an agreement was entered into between Riverdanceand Mr Kelly.
As part of that agreement Mr Kelly received a royalty payment of £60 per performance but difficulties later arose. In 1999, Mr Kelly was informed another designer, Joan Bergin, would be used for the costumes in a new show Riverdance on Broadway.
The difficulties culminated in an agreement entered into in December 1999 under which Mr Kelly was to receive a payment and his costume designs would be used in the shows up until the end of December 2001, counsel said.
Mr Collins said Mr Kelly contended his costume designs had since been used, without his consent, in live performances after December 31st, 2001 as well as in promotional material.
Michael Cush SC, for the defendants, said they absolutely disputed Mr Kelly’s designs had been used or copied. Counsel said Mr Kelly was seeking damages for royalties but the 1999 agreement which Mr Kelly had signed had the effect that Abhann had the copyright, for all time, of the costume designs.