Celebrated Australian singer-songwriter Megan Washington is beginning her long-awaited comeback to the music scene, beginning with a series of intimate shows to road test material for her new forthcoming album.
But before that, Washington has found herself embroiled in a legal stoush with Australia’s leading airline over the use of a famous song. Only it’s not from the 27-year-old singer’s songbook, as The Herald Sun reports.
Washington has accused Qantas of misleading or deceptive conduct for using a video of her singing the classic ‘I Still Call Australia Home’ to promote the airline, with the award-winning artist seeking substantial damages in legal action over allegedly unauthorised use of the recording.
Washington sang the song as part of the celebrations for Qantas 90th birthday at an industry function, held days just her debut record I Believe You Liar earned her the Best Female Artist and Breakthrough Artist at the 2010 ARIA Awards.
The video of Washington’s performance was then used up to 12 months after it was filmed as promotional material on both the Qantas YouTube channel, the airline’s official website, and on flights, but Washington’s claim says that Qantas’ promotional use of the video misled the general public into assuming she gave the airline her approval and support.
A mediation to be held in Sydney between Qantas and Washington’s legal team has been scheduled for Monday, but as part of the claims, her lawyers are seeking access to the airline’s contractual agreements with other celebrity representatives; including Silverchair frontman Daniel Johns, who last year composed a symphonic instrumental called ‘Atlas’ to be used for a Qantas commercial before signing on as part of their annual Spirit of Youth Australia award as a mentor to competition winners.
Washington’s lawyers have also demanded copies of contracts between Qantas and basketball player Andrew Bogut, Formula 1 drivers Mark Webber and Daniel Ricciardo, Olympian Cathy Freeman and model Miranda Kerr. But a preliminary hearing held last week saw Federal Circuit Court judge Nick Nicholls refusing Washington’s legal team access to the contracts.
However, Judge Nicholls agreed that Qantas should acquiesce to demands for the legal contracts associated with Daniel Johns, as well as documents regarding payment and financial reimbursement paid to musicians over the use of their music on its YouTube channel to help calculate any royalties Washington may be owed for the use of her ‘I Still Call Australia Home’ video.
In exchange, Washington – who was the face of a recent advertising campaign for Virgin Australia – was ordered by the court ruling to hand over agreements with sponsors, recording contracts and conditions, and other documents to Qantas.
The Australian airline’s own legal team sought access to the rival airline’s contracts with the ARIA-winning singer on the grounds that the use of the song had provided beneficial exposure and enabled her to acquire her Virgin sponsorship gig. The judge however refused this part of the application. (Coincidentally, both airlines are also introducing more music initiatives for their respective in-flight entertainment systems).
In more positive news, Washington recently revealed that the long awaited follow-up to her 2010 debut, I Believe You Liar, was in the final stages of completion, while hoping to release a new single before the year is out, with her second studio album then due early next year. The singer also made her cinematic debut in the starring role of The Boy Castaways, a fantasy musical directed by Michael Kantor.
The film is also getting a premiere screening as part of this October’s Melbourne Festival program, while Washington – along with filmic co-stars, You Am I frontman Tim Rogers and singer Paul Capsis – will take part in a live showcase called ‘Songs of Wreck And Ruin’, performing rock favourites by Iggy Pop, the Reels, Daniel Johnston and more that feature in The Boy Castaways. Tickets to the unique Forum Melbourne concert went on sale this morning.
Washington Australian Tour 2013
Tuesday September 10 – The Toff – MELBOURNE
TIX: www.thetoffintown.com // 03 9639 8770
Thursday September 12 – Blackbear Lodge – BRISBANE (BIGSOUND)
TIX: www.qmusic.com.au/bigsound/2013 // 1300 762 545
Saturday September 14 – The Vanguard – SYDNEY
TIX: www.thevanguard.com.au // 02 9557 9409
