Universal Music Publishing Pty Ltd v. Palmer (No. 2)
Australia Federal Court
2021 FCA 434, BC202103305 (2021)
- Written by Liz Nakamura, JD
Facts
Daniel Snider, the lead singer of the heavy-metal band Twisted Sister, composed and wrote the wildly popular song “We’re Not Gonna Take It” (“WNGTI”) in 1984. In Australia, the copyrights for “WNGTI” were held by Universal Music Publishing Pty Ltd (Universal) (plaintiff). In 2018, Clive Palmer (defendant), the founder and leader of the United Australia Party (UAP), authorized the creation and use of the song “Aussies Not Gonna Cop It” (“Aussies”) in UAP campaign advertisements. The music and lyrics for “Aussies” shared noticeable similarities with “WNGTI,” especially the latter’s iconic chorus. Universal sued Palmer for copyright infringement, alleging that “Aussie” reproduced a substantial portion of “WNGTI.” Palmer challenged, arguing that (1) the chorus of “WNGTI” was not original because it copied the musical contour of the first phrase from “O Come, All Ye Faithful” (“Faithful”) and (2) copying the chorus therefore did not constitute reproducing a substantial portion of “WNGTI.”
Rule of Law
Issue
Holding and Reasoning (Katzmann, J.)
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