An Australian politician was ordered on Friday to pay Universal Music greater than $1 million for utilizing the Twisted Sister track “We’re Not Gonna Take It” in his celebration’s promoting.
The politician, Clive Palmer, who’s a billionaire mining magnate, had argued in courtroom that the lyrics of the track utilized in 2019 election promoting for his United Australia Party, with thrashing guitars and the road “Australia ain’t gonna cop it,” had been his personal authentic work.
But the band objected strongly after fans asked them about the advertisements on Twitter, and Universal Music, which owns the rights to “We’re Not Gonna Take It,” launched copyright infringement proceedings towards Mr. Palmer in Australia’s Federal Court.
In a ruling on Friday, Justice Anna Katzmann rejected Mr. Palmer’s claims in regards to the track, labeling elements of his account “ludicrous” and “fanciful.”
Mr. Palmer gave proof throughout the trial in October final 12 months that he had been impressed by the 1976 film “Network,” which options the phrase “I’m as mad as hell, and I’m not gonna take this anymore!” He stated he had written down the development of his concepts at four a.m. at some point and positioned the piece of paper on his bedside desk, however a member of his employees had picked it up and thrown it away earlier than he woke.
However, the courtroom additionally heard {that a} video producer, appearing on behalf of Mr. Palmer, had approached Universal about licensing Twisted Sister’s 1984 track. Universal quoted a charge of 150,000 Australian {dollars} ($116,000) and Mr. Palmer’s workforce made a counteroffer of 35,000 Australian {dollars}, which Universal rejected.
Justice Katzmann wrote that Mr. Palmer’s denials that there was any causal connection between his track and Twisted Sister’s “defy common sense, fly in the face of the contemporaneous documents and were contradicted by the evidence his own witnesses.”
Mr. Palmer was ordered to pay Universal Music 500,000 Australian {dollars} in damages. Justice Katzmann added one other 1 million Australian {dollars} in damages for “flagrant disregard for Universal’s rights” and for giving “false evidence, including concocting a story to exculpate himself, indicating that the need for both punishment and deterrence is high.” The complete is equal to $1.16 million.
Adam Simpson, the lawyer for Universal Music, stated the extra damages award was the best in Australia for music copyright, “and rightly so.”
“The court’s determination sends a strong message about the unauthorized use of music, and that Mr. Palmer’s conduct was blatant and entirely unacceptable,” he stated in an assertion.
“No matter who you are, copyright cannot be ignored,” he added.
Dee Snider, Twisted Sister’s lead singer, additionally celebrated the win, tweeting: “WE’RE NOT GONNA TAKE COPYRIGHT INFRINGEMENT ANY MORE!!”
The band has clashed with politicians in search of to make use of “We’re Not Gonna Take It” earlier than.
In 2015, Mr. Snider initially allowed Donald J. Trump to make use of the track because the theme in his presidential marketing campaign, however he later withdrew permission.
Mr. Palmer’s spokesman, Adam Crook, stated through e mail that Mr. Palmer and his authorized workforce would evaluate the judgment and contemplate an attraction.
