Clive Palmer fights Twisted Sister case with Christmas carol defence
As The Australian reports, Palmer is now using the defence that copyright shouldn’t apply to the chorus of the song as it was “derived” from a Christmas carol.
Universal Music filed papers alleging copyright infringement against Palmer back in February, over his use of the parts of the song in a Palmer United Party advertisement.
The ad replaced the original lyrics with “Australia ain’t gonna cop it, no Australia’s not gonna cop it, Aussies not gonna cop it any more,” with Universal arguing it was an unauthorised lift of Twisted Sister’s 1984 hit.
Palmer has previously said ‘We’re Not Gonna Take It’ was based on the 18th-century hymn ‘O Come, All Ye Faithful’, and though he now admits copyright may have existed for the former, he claims that because the chorus is the same it shouldn’t fall under such copyright.
His lawyer Edmund Robinson said an expert witness will be called in the trial to compare the tracks.
“If the chorus of the song is very much the same as an earlier work then that’s highly relevant on whether that’s (copyright) been breached,” he said.
“The chorus is derived from Oh Come All Ye Faithful – that was the part that was used. “It’s still up to the applicants to prove there has been a breach of copyright.”
A representative for Universal Music said the argument is a “surprising contention”.
Justice Anna Katzmann has ordered Palmer to pay additional costs to Universal resulting from his change in defence.
The next hearing on the matter takes place on August 17.