Australian Politician Loses Courtroom Battle Over Twisted Sister Track

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An Australian politician was ordered on Friday to pay Common Music greater than $1 million for utilizing the Twisted Sister music “We’re Not Gonna Take It” in his celebration’s promoting.

The politician, Clive Palmer, who’s a billionaire mining magnate, had argued in courtroom that the lyrics of the music utilized in 2019 election promoting for his United Australia Occasion, with thrashing guitars and the road “Australia ain’t gonna cop it,” have been his personal authentic work.

However the band objected strongly after followers requested them concerning the commercials on Twitter, and Common Music, which owns the rights to “We’re Not Gonna Take It,” launched copyright infringement proceedings towards Mr. Palmer in Australia’s Federal Courtroom.

In a ruling on Friday, Justice Anna Katzmann rejected Mr. Palmer’s claims concerning the music, labeling elements of his account “ludicrous” and “fanciful.”

Mr. Palmer gave proof throughout the trial in October final yr that he had been impressed by the 1976 film “Community,” which options the phrase “I’m as mad as hell, and I’m not gonna take this anymore!” He stated he had written down the development of his concepts at 4 a.m. at some point and positioned the piece of paper on his bedside desk, however a member of his employees had picked it up and thrown it away earlier than he woke.

Nonetheless, the courtroom additionally heard {that a} video producer, appearing on behalf of Mr. Palmer, had approached Common about licensing Twisted Sister’s 1984 music. Common quoted a price of 150,000 Australian {dollars} ($116,000) and Mr. Palmer’s staff made a counteroffer of 35,000 Australian {dollars}, which Common rejected.

Justice Katzmann wrote that Mr. Palmer’s denials that there was any causal connection between his music and Twisted Sister’s “defy frequent sense, fly within the face of the contemporaneous paperwork and have been contradicted by the proof his personal witnesses.”

Mr. Palmer was ordered to pay Common Music 500,000 Australian {dollars} in damages. Justice Katzmann added one other 1 million Australian {dollars} in damages for “flagrant disregard for Common’s rights” and for giving “false proof, together with concocting a narrative to exculpate himself, indicating that the necessity for each punishment and deterrence is excessive.” The overall is equal to $1.16 million.

Adam Simpson, the lawyer for Common Music, stated the extra damages award was the best in Australia for music copyright, “and rightly so.”

“The courtroom’s willpower sends a robust message concerning the unauthorized use of music, and that Mr. Palmer’s conduct was blatant and completely unacceptable,” he stated in an assertion.

“Irrespective of who you might be, copyright can’t be ignored,” he added.

Dee Snider, Twisted Sister’s lead singer, additionally celebrated the win, tweeting: “WE’RE NOT GONNA TAKE COPYRIGHT INFRINGEMENT ANY MORE!!”

The band has clashed with politicians in search of to make use of “We’re Not Gonna Take It” earlier than.

In 2015, Mr. Snider initially allowed Donald J. Trump to make use of the music because the theme in his presidential marketing campaign, however he later withdrew permission.

Mr. Palmer’s spokesman, Adam Criminal, stated by way of e mail that Mr. Palmer and his authorized staff would evaluate the judgment and think about an attraction.

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