Star-studded stoush as Clive Palmer and Twister Sister fight it out in court
Clive Palmer isn’t going to take it, and neither is Twisted Sister. So after mediation failed, the star-studded stoush is set to enter the courts.
QLD News
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THE countdown is on for the star-studded court stoush between Clive Palmer and American rock band Twisted Sister amid fresh claims the billionaire’s high-rotation political ads damaged Universal Music’s reputation.
Mediation has failed between Mr Palmer and Universal Music over claims he breached copyright by using a likeness of the song ‘We’re Not Gonna Take It’ in his political ads last year.
Universal claims the “unauthorised use” damaged its “reputation and goodwill”.
But Palmer is disputing the case, saying he couldn’t have breached copyright – he claims We’re Not Gonna Take it is not an original work and bares similarities to the Christmas carol O Come All Ye’ Faithful.
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The case has been set down for a five-day Federal Court hearing in October with Universal seeking damages for copyright infringement.
It’s understood Twister Sister frontman Dee Snider could be called to give evidence.
The case has sparked a war of words between Snider and Mr Palmer whose party ran a series of television and online advertisements to the tune of the disputed song with altered lyrics ‘Australia’s Not Gonna Take It’.
It’s understood part of Palmer’s defence will rely on claims that We’re Not Gonna Take it is not an original work and bares similarities to the Christmas carol O Come All Ye’ Faithful.
“The respondent … denies the allegation that Snider was the first owner of the copyright in the musical work because the musical work is not an original work,” court documents filed by Palmer’s lawyers claim.
Universal claims an agent for Palmer had been involved in negotiations to secure a licence to the Twisted Sister’s song and no licence was granted but the UAP used the song anyway during the 2019 Federal Election campaign.
In a statement of claim, Universal’s lawyers say the company has suffered and will continue to suffer “loss and damage” as a result of the alleged misuse.
They say they have suffered “loss of reasonable royalty for use of the musical work and the literary work”, “damage to the applicant’s reputation and goodwill” and “damage to the commercial value of the copyright in the musical work and literary work.”
“Palmer has acted flagrantly, knowing that he did not have the licence of the applicants to do such acts …” they claim.
The intellectual property dispute will return to court again in September.