Clive Palmer applied for a licence to use US metal band Twisted Sister's anthem We're Not Going To Take It in political advertisements but 'didn't like the price' and went ahead without permission, the Federal Court has heard
Barrister Patrick Flynn, SC, for Universal, told the Federal Court at a pre-trial hearing on Wednesday that Mr Palmer had applied for a licence to use the hit but he "didn't like the price" and proceeded to use the song without permission.Loading
In court documents, the US music giant accuses Mr Palmer of acting "flagrantly", knowing he did not have a licence to use the song, and making public statements including on social media that were "intended to taunt and cause further damage" to Universal and Mr Snider, such as his claim thatIn a statement on January 8, Mr Palmer claimed Twisted Sister's 1984 hit was based on the 18th-century hymnHe also said he falls within a "fair dealing" defence to copyright...
Mr Flynn told the court the case may be the first time the parody defence was considered by a court in Australia in a copyright dispute.Universal is seeking an injunction restraining Mr Palmer from using the song, plus damages and costs. It also wants the court to order Mr Palmer to hand over all unauthorised copies of the song on United Australia Party recordings and videos.
Mr Flynn told the court that an issue during the court proceedings would be the "reasonable royalty" that would have been payable for using the song.
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