Will there be a lawsuit over the revelation of the affair at the Coldplay concert? Lawyers skeptical

"A concert video or screenshot could be used as evidence—legal and subject to the judge's discretion—in both the divorce case and the one concerning the protection of Andy Byron's personal rights, if they were to take place in Poland," says Dr. Marzena Czochra, co-manager of a law firm in Jarosław. She estimates that in the former case, however, it would likely be beneficial to the millionaire's wife, especially if she sought a ruling that her husband was at fault for the breakdown of their marriage.

Coldplay concert scandal: millionaire Andy Byron was caught on a kiss cam hugging his employee. Will the band be sued for revealing the affair?

The case stems from the scandal surrounding Andy Byron, the former head of Astronomer, a company specializing in artificial intelligence, which erupted after Coldplay's recent concert in Foxborough, near Boston. The millionaire was spotted embracing his employee, an HR director, by a so-called kiss cam—a camera that searches for romantic couples in the crowd. The unlucky pair were shown—as is customary—on a giant screen, and their nervous behavior didn't escape the band's notice . "They're either having an affair or they're just really shy," Chris Martin said from the stage.

The recording leaked online, almost immediately going viral on social media. As a result, the businessman resigned from his prestigious position , and according to reports, the matter will also impact his private life. Although the unfaithful husband publicly apologized to his family and company, media outlets are already racing to calculate the cost of a potential divorce. Byron himself is reportedly considering suing the band led by the singer who harassed him on stage.

Lawyer: a concert is not a private event; Polish courts believe that by going to such a place we consent to the dissemination of our image

"If, in such a situation, a client approached me with the idea of filing a lawsuit for infringement of personal rights, I would consider the chances of success slim," comments attorney Czochra. The expert explains that Polish law obviously protects another person's image, which can only be distributed with the consent of the person concerned . However, there are exceptions to this rule, such as when it serves as a backdrop to a larger whole. Of course, it's difficult to consider a situation in which we are shown alone on a large screen as such. However, lawyers' opinions are divided even on what the legislator meant by the phrase "part of a larger whole."

"When going to a large-scale event, we must remember that our right to privacy is inevitably limited. When we go to a concert as massive as Coldplay's, we are aware that it will attract tens of thousands of other people besides ourselves. It's not a private event," says Dr. Czochra. "Polish courts are increasingly accepting that by going to such a venue, we almost automatically consent to the dissemination of our image, not just as part of a larger whole," he clarifies. The lawyer cautions, however, that the situation would be different if the couple were caught before or after the concert and their photos taken.

Andy Byron and His Employee: Private Persons Treated as Public? The Attorney Has Legal Concerns

Dr. Czochra reminds us that the right to privacy also competes with the right to freedom of expression, which the Coldplay singer exercised in this case. "It's conceivable that if the couple hadn't started behaving so unusually, they would have remained one of many on screen that evening. And in response to such behavior, the artist commented that it might indicate they were having an affair or were simply shy," the expert notes. She adds: "However, it's difficult to say that in this way he insulted them, defamed them, misrepresented them, or compromised the trust necessary to perform their duties."

And the fact that the photo ultimately "spills over" the world, as the expert notes, is no longer the fault of the band or the concert organizer. "If Byron had decided to sue and even won, it could have been a Pyrrhic victory, as the public would have once again become interested in the subject, and snippets of the court footage would likely have circulated online," she predicts.

Attorney Mikołaj Chałas, a partner at Chałas & Partners Law Firm, views the issue of privacy somewhat differently. In his opinion, transferring the issue of a potential lawsuit for revealing an affair to Poland should take into account the fact that two private individuals – as a result of the dissemination of the film and later memes featuring their image – were treated as public figures. "And yet they are not. According to the Polish Copyright and Related Rights Act, consent for its publication does not have to be obtained only from a well-known person, such as a celebrity or politician," the attorney argues.

Did Andy Byron sign the concert regulations? The content of those "nobody reads" could determine the outcome of the trial.

The attorney notes, however, that, as usual, the devil is in the details. And the devil in a similar dispute could turn out to be the regulations we typically accept when purchasing tickets to a concert or other mass event. "They may already include clauses in which we consent to the publication of our image, for example, during a broadcast or a so-called kiss cam," explains attorney Chałas.

He also believes that if we haven't given such consent, the only times it can be used are, for example, in a photo with the singer, when we are only a small element of the background. "Therefore, the issue of consent or lack thereof could determine the liability of the band itself or the company organizing their concert," he points out.

According to the attorney responsible for the development of a case like the one involving the New York millionaire, however, the potential consequences of a case like the one involving the band could also be traced back to the band itself. "Regardless of the above, the potential liability of the person who posted the concert video online without consent to the processing and sharing of another person's image should also be considered," the attorney concludes.