US rock band Twisted Sister ‘not gonna take’ Clive Palmer’s comeback attempt
American metal band Twisted Sister claim Clive Palmer has ripped off their hit single We’re Not Gonna Take It to advertise the United Australia Party.
In the United Australia Party’s advertisements, the lyrics “Australia ain’t gonna cop it, no Australia’s not gonna cop it, Aussies not gonna cop it anymore” are featured.
In the Twisted Sister original, the lyrics are “Oh we’re not gonna take it, no we ain’t gonna take it, oh we’re not gonna take it any more”.
Guitar player and manager Jay Jay French took to Twitter to say the band does not endorse Clive Palmer and has never heard of him.
Twisted Sister does not endorse Australian politician Clive Palmer, never heard of him and was never informed of Clive Palmer’s use of a re -written version of our song Were Not Gonna Take It.
We receive no money from its use and we are investigating how we can stop it.— Jay Jay French (@jayjayfrench) January 1, 2019
Frontman Dee Snider also tweeted about the advertisments.
“We’re Not Gonna Take It” is a song about EVERYONE’S right to free choice. “We’ve got the right to chose and there ain’t no way we’ll lose it!” The FIRST LINE of the first verse! Clive Palmer and the @PalmerUtdParty are NOT pro choice…so THIS AIN’T HIS SONG!
— Dee Snider (@deesnider) January 2, 2019
Mr Palmer has responded to the Tweets and has said that he wrote the lyrics and owns the copyright to them.
We believe in everyone’s right to choose and freedom of speech. Why try to stop us promoting freedom of speech & free choice?
— Clive Palmer (@CliveFPalmer) January 2, 2019
To find out what rights Mr Palmer has, Ross Greenwood speaks with Senior Partner at Macedone Legal, Sam Macedone.
“He’s trying to say that because his lyrics are ‘We’re not gonna cope it’ as opposed to ‘We’re not gonna stop it,’ that this is something unique. It isn’t. It’s a straight out copy.
“Without permission, he’s in breach of copyright and it will cost him dearly if he doesn’t stop using it.”
When it comes to Fair Use, Mr Macedone says that’s not the case here.
“Clive Palmer is attempting to use this for a commercial gain in respect to a political campaign… it’s not as if he’s singing it at a party.”
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Mr Palmer also spoke with Luke Grant, saying the advertisements are a parody, so he hasn’t done anything illegal.
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