Universal Music takes businessman-turned-politician Clive Palmer to court and accuses him of using a track by US metal band Twisted Sister during his election campaign without a licence.
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 the copyright case after Mr Palmer used the song during his election campaignTwisted Sister frontman Dee Snider will be a key witness if a trial goes ahead
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.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.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.
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