More about the Sarah M case

[WretchAwry <vickie@pilot.njin.net>]

I've gotten so many letters from people not on fte who still care
about Sarah and want to be kept updated, that I think it's ok to
post this.  If it doesn't interest you, please skip it, and flame 
me in e-mail.

I do have permission to post this from the person who posted it
in fte, Rick Pali (thanks!), who took the time to check this
out and transcribe it.

It's fascinating reading, no matter if you like Sarah or not.
The only thing I've edited out is the lawyer's name and address
at the end.  

Once again, apologies to those who will see this more than once.

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16-Sep-94  2:15:19-GMT,7475;000000000201
To: "fte@yoyo.cc.monash.edu.au" <fte@yoyo.cc.monash.edu.au>
From: "Rick Pali" <Rick_Pali@f328.n163.z1.jammys.net>
Date: Thu, 15 Sep 94 21:22:10 -0500
Subject: Possession lawsuit revised


Okay folks, below are the fruits of my lunchtime trip to the courthouse. 
I was considering not posting this but sending it to anyone requesting it 
but it's *shorter* that Uwe's original post, so what the heck. I'd probably 
be inundated with requests anyway.

So, without further delay...
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File NO. 85502/94

ONTARIO COURT
(GENERAL DIVISION)

STATEMENT OF CLAIM

BETWEEN: UWE VANDREI
         Plaintiff

         and

         SARAH MCLACHLAN
         Defendant

TO THE DEFENDANT:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff.
The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting
for you must prepare a statement of defense in Form 18A prescribed by
the Rules of Civil Procedure, serve it on the plaintiff's lawyer or,
where the plaintiff does not have a lawyer, serve it on the plaintiff,
and file it, with proof of service, in this court office WITHIN TWENTY
DAYS after this statement of claim is served on you, if you are served
in Ontario.

If you are served in another province or territory of Canada or in the
United States of America, the period for serving and filing your
statement of defence is forty days. If you are served outside Canada
and the United States of America, the period is sixty days.

Instead of serving and filing a statement of defence, you may serve
and file a notice of intent to defend in Form 18B prescribed by the
Rules of Civil Procedure. This will entitle you to ten more days
within which to serve and file your statement of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST
YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. If you wish to
defend this proceeding but are unable to pay legal fees, legal aid
may be available to you by contacting a local Legal Aid office.

IF YOU PAY THE PLAINTIFF'S CIAIM, and $2,000 for costs, within the
time for serving and filing your statement of defence you may move to
have this proceeding dismissed by the court. If you believe the
amount claimed for costs is  excessive, you may pay the plaintiff's
claim and $100.00 for costs and have the costs assessed by the court.


Date: September 2, 1994


Issued by...Tracey Powers <signed>

Address of court office:
161 Elgin Street
Ottawa, Ontario
K2P 2Kl


To:  Sarah McLachlan
     Vancouver, British Columbia

1.   The Plaintiff claims:

     a)   damages for breach of confidence and breach of moral
          rights in the amount of $250,000;

     b)   an accounting of profits from sale of the CD "Fumbling
          towards Ecstasy" and of the song "Possession";

     C)   an order from the court requiring the Defendant to
          publicly associate the Plaintiff with the CD "Fumbling
          towards Ecstasy" and in particular with the song,
          "Possession" and to credit the Plaintiff with help in the
          creation of the song.

     d)   pre-judgment and post-judgment interest in accordance
          with the Courts of Justice Act,

     e)   its costs of this action on a solicitor and client scale, and

     f)   such further and other relief as this Honourable Court may
          deem just.

2)   The Plaintiff is a computer programmer and a resident of the
     City of Ottawa, Ontario.

3)   The Defendant is a singer and songwriter and a resident of
     Vancouver, British Columbia whose residential address is
     unknown.

4)   The Plaintiff is a fervent and admiring fan of the Defendant.

5)   At various times during the years 1992 and 1993 the Plaintiff
     wrote many confidential letters to the Defendant and sent them
     directly to the Defendant personally.

6)   During the years 1992 and 1993 the Plaintiff sent the
     Defendant  flowers  and  other  items  designed  to  show   his
     admiration, love and adoration of her.

7)   The letters written by the Plaintiff describe a relationship
     between an avid fan with a strong and obsessive love between
     him and a pop singer.

8)   The letters written by the Plaintiff to the Defendant were not
     designed to be used for any commercial purpose and were
     designed solely for the personal, confidential use of the
     Defendant.

9)   To the best of the Plaintiff's knowledge and belief, the
     Defendant received and read these letters.

10)  The Defendant issued a collection of songs in CD form entitled
     "Fumbling towards Ecstasy". One of these songs was the song
     "Possession".

11)  On the CD, "Fumbling towards Ecstasy", and in the accompanying
     literature, with the exception of the song called "Fumbling
     towards Ecstasy", the Defendant claims authorship and
     copyright of all the songs in the CD including the song
     "Possession".

12)  The song "Possession" reveals the experience and perspective
     of a fan obsessed with a pop singer. Its theme consists of an
     examination of a fan's worship of a pop singer and the
     transformation of this worship into a menacingly obsessive and
     overwhelming need to control the pop singer who is known to
     the fan only through the music of the pop singer.

13)  The Defendant used the letters of the Plaintiff as the basis
     in whole or in part for the creation of the theme of the song
     "Possession", the song and the CD "Fumbling towards Ecstasy"
     and commercialized this theme.

14)  In basing the song, "Possession", and the CD "Fumbling towards
     Ecstasy" on the letters of the Plaintiff, the Defendant took
     unfair advantage of the confidential letters which had been
     received in confidence and profited from the wrongful use of
     the ideas, emotions and character described in the letters.

15)  The actions of the Defendant in using the letters of the
     Defendant for the creation of the song, "Possession", and the
     CD "Fumbling towards Ecstasy", were done without the consent
     of the Plaintiff and in violation of the duty of
     confidentiality which the Defendant was under towards the
     Plaintiff.

16)  In basing the song "Possession" and the CD "Fumbling towards
     Ecstasy", on the letters of the Plaintiff, the Defendant took
     the fruits of the Plaintiff's labour, distorted and modified
     the work of the Plaintiff and used the Plaintiff's work in
     association with the CD "Fumbling towards Ecstasy" in a manner
     prejudicial to the honour and reputation of the Plaintiff,
     thereby violating the moral rights of the Plaintiff in the
     letters which he sent to the Defendant.

17)  The Defendant does not associate the name of the Plaintiff
     with or give any credit to the efforts of the Plaintiff in the
     creation of the songs in the collection "Fumbling towards
     Ecstasy" and in particular the song "Possession".

18)  The Defendant has made considerable profits from the sale of
     the collection of songs in "Fumbling towards Ecstasy" and from
     the song "Possession".

The Plaintiff proposes that this action be tried in the City of
Ottawa, in the Judicial District of Ottawa-Carleton.
Date:      September 2, 1994

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