An Australian politician was ordered Friday to pay Universal Music more than $ 1 million for using the Twisted Sister song « We Are Not Gonna Take It » in his party’s advertising.
The Politician Clive Palmer, a billionaire in the mining industry, had argued in court that the lyrics of the song, which was used to advertise his United Australia Party in 2019, had battered guitars and the line « Australia will not cope ». was his own original work.
However, the band protested violently after fans asked about the ads on Twitter, and Universal Music, which owns the rights to « We Are Not Gonna Take It, » initiated copyright infringement proceedings against Palmer before the Australian federal court.
On a ruling Friday, Judge Anna Katzmann denied Palmer’s claims about the song, calling parts of his account « ridiculous » and « fanciful ».
Palmer gave the during the October trial Proof that he was inspired by the 1976 film Network, in which the sentence « I’m as crazy as hell and I won’t take it anymore! » He said he wrote down the progress of his ideas one day at 4 a.m. and placed the piece of paper on his bedside table, but a staff member picked it up and thrown it away before he woke up.
However, the court heard that one too Video producer who acted on behalf of Palmer reached out to Universal to license the 1984 song from Twisted Sister. Universal cited a fee of A $ 150,000 ($ 116,000), and Palmer’s team made a counteroffer of A $ 35,000, which Universal declined.
Katzmann wrote that Palmer’s refusal indicated that there was a causal link between his song and Twisted Sisters « Despite common sense, fly in the face of contemporary documents and contradict the evidence of its own witnesses ».
Palmer was sentenced to pay Universal Music $ 500,000 in damages. Katzmann added another A $ 1 million in damages for « openly disregarding Universal’s rights » and « presenting false evidence, including drawing up a story to exonerate himself, indicating that both punishment and deterrence are high. » are ». The total is $ 1.16 million.
Universal Music attorney Adam Simpson said the price of additional damages is the highest in Australia for music copyright, « and rightly so. » / p> « The court’s resolve sends a strong message about the unauthorized use of music and that Palmer’s behavior was evident and totally unacceptable, » he said in a statement.
Twisted Sister singer Dee Snider also celebrated won and tweeted: « WE WILL NOT TAKE COPYRIGHT BREACHES !! »
In 2015, Snider initially allowed Donald Trump to use the song as a theme in his presidential campaign, but later withdrew his permission. </ Palmer spokesman Adam Crook said via email that Palmer and his legal team would review the verdict and consider an appeal.
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