May 26, 2021
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The Australian Federal Court has ruled that Clive Palmer, an Australian mining magnate and politician, infringed Twisted Sister’s copyright when he used a version of the band’s 1984 song “We’re Not Gonna Take It” with rewritten lyrics in his failed 2019 campaign.
Palmer claimed his version of the song, “Aussies Not Gonna Cop It”, was not inspired by the Twisted Sister song but rather a quote from the 1976 film, Network. The Court rejected this claim, finding it “ludicrous” to claim that Palmer’s version of the song was not derived from the Twisted Sister song. The Court also rejected Palmer’s claim that Twisted Sister’s label did not own the copyright as the song bore similarities to the Christmas carol O Come, All Ye Faithful.
While Palmer was quoted A$150,000 to license the song for the campaign, he refused to accept the fee. The Court has now ordered that he pay Twisted Sister A$1.5 million for the value of a license fee and damages.
Author: Mark Leonard