Mr Ferdinand hands a small packet of documents to each of us and directs us to page 3.
"Miss Benfield. I have been instructed by those persons listed on the document in your possession, namely the 5 members of 5EX to make you aware of our intention to sue you for the reasons listed in paragraph two there. Please take a few moments to acquaint yourself with the document then we can discuss it further. Excuse me for a few moments please" he nods formally as he leaves the couch and heads out of the room.
What the hell is this?! I am having the weirdest day ever. These people are appearing crazy to me. I feel like I'm a character in a film, or I'm asleep and dreaming, because this whole situation is surreal!
I spend a few minutes reading the document from front to back. I can feel the anger rising in me, but there is a tiny touch of fear too. Fear that, if they take me to court and sue me for compensation, they will bankrupt me and leave me with nothing! I've worked so hard for all I have, to lose it to people who don't even need it would kill me!
The anger I feel is partly because I feel I've been Shanghaied, but also because I am unprepared and unarmed for this situation. I despise being on the back foot!
I am apparently to be sued for.....
- Defamation of character (x5)
- Libel, pertaining to 6 stories I've published (these stories will apparently be detailed to me in the coming days) resulting in uncomfortable, and in one case a dangerous situation!
- Compensation (at a sum that is not yet set) for 'Harm caused to the plaintiffs feelings' and 'Possible Harm to future relationships' due to content of my work.
Pardon?
Ok!!?
First things first!
I haven't even written six news articles about 5EX....
Oh tits!!!
Yes I have, but they weren't for my newspaper.... they are fanfictions I have published under a pseudonym!
It can't be that?! How could they link them to me? I'm Sydney Benfield, my pseudonym is 'FiveXfan', and besides, they're FICTION, so how can they possibly sue me?!
What do I do? Deny I wrote them? Admit I am 'FiveXfan' and fight a lawsuit? I can't do that, it'd take all I have.
Mr Ferdinand re-enters the room and retakes his place beside Yanni.
"Miss Benf... Sydney, I presume that you understand the contents of the documents in your possession?"
"Well, I can read, so I see what the complainants are alleging, but I do contest those claims. I will not insult anyone present by denying I am 'FiveXfan' but I fail to see how works of fiction can be subject to court proceedings? How can stories impact on lives to the degree that is being alleged?" I enquire. The weight of six pairs of eyes on me making my palms sweat.
"Sydney, using someone's image without their consent, however innocuous the intent is copyright infringement, so therefore illegal. As the author of the, erm, work, you are liable for any damages or compensation a judge deems fair and reasonable. In this case, with there being five complainants and three separate claims you could be responsible for a very large sum. Our estimation would be somewhere in the region of 2.5 million pounds Sterling" Mr Ferdinand explains.
I am utterly stunned! My mouth opens and closes but no sound will come out. I feel myself begin shaking, my stomach is turning over and I can hear the blood rushing in my ears. I am aware of the bile rising in my throat and stand on legs as unstable as a newborn foals. I manage to croak out the word 'bathroom' and Jimmie swiftly stands, places his arm around my waist and helps me to the bathroom. I fall to my knees in front of the toilet bowl and heave, my stomach feeling as though it is being wrung out like a dishcloth, although other than the mouthful of Whisky I drank a short while ago there is little in my stomach. I peed all the coffee out earlier and I realise, I haven't eaten yet today. Even during this painful and embarrassing experience I am aware of how kind and considerate Jimmie is being. He is holding my hair away from my face, is rubbing my back and has placed a cool flannel on the back of my neck. He has also called for someone to bring a glass of water for me.
I shakily stand and wipe my mouth with the back of my hand, flushing the chain and turning and sitting down on the seat.
"Here, water" I hear a voice bark impatiently. I lift my eyes and am again face to face with Yanni. He extends his arm and I take the offered glass with a weak thank you, sipping a little.
"Right, if you're better can we get back to this now then?" he huffs as he turns on his heel and leaves the room.
"Compassionate as ever Yanni!" Jimmie shouts after him with a shake of his glossy black head.
"Fuck off J! Just get her out here so we can get this done" he shouts back
I feel calmer and more steady now and thank Jimmie for his help and kindness before turning to the sink and washing my face and hands.
"No worries babe. Can't say it was a pleasure watching you hack your guts up, but I'd do it again if needed". He hands me a bottle of mouthwash, smiles the most beautiful, dazzling smile and holds out his arm for me.
I swill some of the minty liquid around my mouth, spitting into and then rinsing the sink. "Ok, let's get back to it shall we?!" I suggest, and taking his arm we return to the lounge area.
We sit back in our original seats and I apologise for the inconvenience I've caused. Mr Ferdinand waves a hand and tells me it's fine, many people in this situation react the same way. How many people have they sued?! I notice that Parker is lazily playing with Teddis hair, twisting strands and running his fingers through it. Teddi has his eyes closed and appears to be enjoying it very much.
"Sydney, are you ok to continue this conversation?" Mr Ferdinand asks, eyeing me intently
"Yes, sure. So... where do we go from here?"
"Well, I have been authorised to make you a once only offer. You must make a decision now as these gentlemen are returning to Australia this evening and need to conclude this situation.
We are prepared not to pursue the claim against you in return for your services as a writer"
"Im sure that could be considered blackmail couldn't it? I can't believe that I can be prosecuted for using my talent, for my creativity! Surely you guys have written and recorded songs that have been inspired by, or are about others? It's got to be the same thing right?" I ask indignantly.
Yanni responds in an instant. "We have NEVER name checked anyone, or written bullshit and made it public like you have! We may imply certain things but you have used our names, made assumptions and created this fantasy alternative reality that is now causing us issue. We found your first story pretty funny and inoffensive like much of the fan fiction written about us, but as you wrote more we have become concerned that you have an inside source that is leaking information to you. We want you to remove the stories that are already available to the public, and write an official and approved biography"
I have to say, I'm stunned by what he has just said. 'Inside source'?? That must mean that something I've written has been pretty near the mark and accurate. While I'm considering what that may be Teddi speaks.
"Sydney, there have been certain things you've written that could cause serious problems for us in real life. Ferdinand and our record label are continuing to look for leaks at our end but it would be incredibly helpful to us if you could tell us who is feeding you information?"
"Nobody! Genuinely! I have only ever taken your own words, or official statements and tailored them into stories of absolute fiction. Well, as far as I was concerned they were all total fiction. What did I write that has upset you all so much. Can I not just edit that particular story, remove whatever has caused this? I happen to be pretty proud of my works and don't want to remove them from the public domain" I tell them
"No babe, you don't fully understand yet, but you will. While you're with us you will learn what our concerns are" Jimmie says kindly
"With you? What do you mean?"
"You accept our offer to write our biography. That means spending the next year with us, 24/7. You need to come to Australia with us, god help us all, or we proceed with the case against you. Your choice. Tick tock" Yanni says impatiently.