Clive Palmer has been ordered to pay $1.5 million to Universal Music after losing a copyright suit over his use of Twisted Sister’s 1984 track ‘We’re Not Gonna Take It’ during his political campaign before the 2019 federal election.
As SMH report, on Friday, April 30th, Federal Court Justice Anna Katzmann ruled that the former federal MP and United Australia Party founder infringed Universal Music’s copyright of the song. Though Palmer argued that he penned his own lyrics and borrowed from an 18th-century hymn.
Palmer claimed that he did not infringe copyright of the Twisted Sister lyrics, as he wrote the lyrics himself whilst “deep in contemplation” in September 2018. Palmer claims he was inspired by actor Peter Finch’s iconic “I’m mad as hell, and I’m not going to take this anymore,” from the 1976 film Network.
Palmer claimed that the melody was not inspired by Twisted Sisters, and was a “rip off” of the 18th century Christmas carol ‘O Come, All Ye Faithful’ — a song not protected by copyright law.
Justice Katzmann said “this evidence appeared to take everyone else in the virtual courtroom by surprise”.
Following a side by side comparison of ‘We’re Not Gonna Take It’ and the United Australia Party jingle ‘Australia’s Not Gonna Cop it’, Justice Katzmann ruled it was “ludicrous” and “fanciful” to suggest Clive Palmer’s song did not borrow from the Twisted Sisters. Ruling that his decision to use the song without license was “high-handed and contemptuous”.
“He gave false evidence, including concocting a story to exculpate himself,” she said.
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Clive Palmer was ordered to pay $500,000 in damages and $1 million in additional damages and legal costs.
Twisted Sister frontman Dee Snider previously recognised that he subconsciously borrowed the first six notes of ‘O Come, All Ye Faithful’ into the chorus of the track, acknowledging it was an accidental “inspiration, not duplication”.
Universal initially quoted Palmer a license fee of $150,000 to use a re-recorded version of the track, subject to Dee Snider’s approval. Justice Katzmann revealed Palmer “baulked” at the cost, making a counter offer of $35,000 that was rejected by Universal.
“The additional damages award of $1 million is one of the highest for copyright infringement in Australia, and the highest in relation to music copyright – and rightly so,” Adam Simpson of Simpsons Solicitors, who acted for Universal shared.
