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Australia Clive Palmer used Twisted Sister rock song without licence because he 'didn't like the price', court told

03:35  04 december  2019
03:35  04 december  2019 Source:   abc.net.au

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American metal band Twisted Sister claims that Clive Palmer has ripped off their 1980s hit We're not gonna take it in advertisements for his new political set-up Band manager and guitarist John "Jay Jay" French declared he was not going to take it any more on Wednesday. Members of metal band

The rock band from New Jersey has told an Australian politician to stop using its song “We’re Not Gonna Take It” in his advertising campaign. Clive Palmer , a conservative politician and mining magnate, rolled out a national marketing campaign for his center-right United Australia Party over the

Clive Palmer used a rewritten version of the Twisted Sister track We're Not Gonna Take It in his party's television and online advertising in January.© AAP Image/Jono Searle Clive Palmer used a rewritten version of the Twisted Sister track We're Not Gonna Take It in his party's television and online advertising in January. Businessman-turned-politician Clive Palmer allegedly breached the copyright of a famous metal song in political advertising after he requested a licence and "didn't like the price", a court has heard.

Mr Palmer used a rewritten version of the Twisted Sister track We're Not Gonna Take It in his party's television and online advertising in January.

Universal Music launched an intellectual property case in the Federal Court, alleging the hair-metal band's copyright had been breached and is seeking royalties.

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Australian politician Clive Palmer rewrote Twisted Sister 's "We're Not Gonna Take It" to promote his bid to re-enter the country's Parliament. Twisted Sister is threatening to take legal action against the politician, demanding Palmer to quit using his rewrite of the band's classic rock anthem.

Twisted Sister are threatening legal action against Australian politician Clive Palmer after he rewrote the lyrics to their song for a political ad. Twisted Sister does not endorse Australian politician Clive Palmer , never Changing the words is even more fucked up than using it without permission! https

In Sydney, the court today heard mediation in October "substantively failed".

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US music giant Universal has launched legal action against Clive Palmer for alleged copyright Universal Music, which acquired Twisted Sister lead singer Dee Snider's publishing rights in 2015, filed copyright infringement proceedings against Mr Palmer in the Federal Court in Sydney on

Clive Palmer says he does not need to pay to use a re-worked version of the Twisted Sister song in his political advertisements. In a legal defence filed in the Federal Court in Sydney, lawyers for Mr Palmer say it is legally "embarrassing" for US music giant Universal to suggest the former member for

Universal's barrister Patrick Flynn SC said the organisation would seek additional damages on top of the royalties.

"The reason the add damages case arises is the evidence Mr Palmer requested a licence from our client," he said.

"He knew that he needed one. He didn't like the price, is our case, and so he went ahead."

Both parties will seek the opinions of expert musicologists to answer the question of whether the musical and literary elements of each track overlap.

The court heard Mr Palmer will partially rely on a defence of fair dealing for the purposes of parody or satire.

Mr Flynn said there was also a suggestion in the evidence that the original track was a copy of the Christmas carol Oh Come All Ye Faithful.

The band's frontman Dee Snider will be a key witness if a trial goes ahead next year, however the court heard there is disagreement about whether this should be allowed to happen over video link.

Mr Flynn said Universal had difficulty with Snider's availability because he is directing a film in America next year.

Mr Palmer initially dismissed the band's complaints and said he owned the copyright to his own lyrics.

Snider immediately distanced the group from Mr Palmer's party when he was alerted to the advertisements.

Mr Palmer accused members of wanting publicity and said the situation involved "old rocker(s) who can not sell enough tickets to their last gig need publicity".

Justice Anna Katzmann ordered the parties to file an agreed statement of facts by the end of February and listed the trial for October 2020.

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