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Tuesday 26 September 2023 Dublin: 15°C
Yui Mok via PA Images One Direction
# damages claim
Singer songwriter brings copyright infringement action to High Court over One Direction song
David Lewis Smith claims the One Direction release Night Changes infringes his musical work.

A SINGER SONGWRITER’S damages claim against parties including all five original members of boy band One Direction for alleged copyright infringement has been mentioned before the High Court.

The action has been brought by David Lewis Smith, who claims the One Direction release Night Changes infringes his musical work.

As a result of the alleged infringement the plaintiff, represented by Smyth & Son solicitors of Drogheda seeks various reliefs including damages.

As well as the four current members of the band Niall Horan, Harry Styles, Liam Payne and Louis Tomlinson, the proceedings are also against Zain Malik who left One Direction in 2015.

The claim is also against parties including UK songwriter Jamie Scott and US songwriters Julian Bunetta and John Ryan who wrote and produced Night Changes.

Other defendants include Simco, the production company behind The X Factor; Big Deal Music, a publishing company that in 2013 Ryan allegedly signed a contract with; Universal Music Publishing; EMI Music Publishing and Sony Music Entertainment UK Ltd.

The defendants, who are represented by Gleeson, McGrath, Baldwin Solicitors and Matheson Solicitors all deny the plaintiff’s claims.

The song Night Changes was released by One Direction in 2014 and featured on their fourth studio album Four.

Today, at the High Court a pretrial motion in the case was listed before Justice Leonie Reynolds.

Lawyers for the plaintiff are seeking various discovery orders against the majority of the defendants, except Simco and Sony Music Entertainment.

They want to be furnished with all documents relating to the composition and writing of sources for the song Night Changes, including documents relating to any earlier and separate drafts of the song.

Orders for discovery are also being sought in relation to documents connected with the sound recording of Night Changes, including alternative versions of sound recordings of the song.

In addition, all documents relating to the performance, sale, recording, distribution, publication and downloads of Night Changes from its initial release and publication are sought.

Further, an order for discovery is being sought against all documents relating to the worldwide earnings of Night Changes or any album is being sought from US-based defendant Big Deal Music, by Smith’s lawyers.

The matter will return before the court in early March.

None of the parties involved in the action were present in court.

Comments are closed as legal proceedings are ongoing. 

Aodhan O Faolain