Copyright, Derivative Works, Influenced, Music, My Stories

Copyright Ain’t Gonna Take It

Dee Snider and Universal are facing off against the army of lawyers from Clive Palmer over his parody version of “We’re Not Gonna Take It”, which he called “Australia’s Not Gonna Cop It”.

All because he didn’t want to pay the original licence fee.

But Palmer has a team of lawyers, who are really good at getting him out of things and Snider has Universal and it’s lawyers.

And when it comes to entertainment lawyers, Aussies still remember that iiNet case, when the labels and movie studios took one of our favorite ISP’s to court. It was a test case by the entertainment groups to see if a court would find an ISP guilty of copyright infringement on behalf of its users before they took on the big ISP’s in Optus and Telstra. But the labels and movie studios lost their case.

And the entertainment lawyers are usually on the other side of the argument here, defending themselves and trying to weasel their way out of things. But now Palmer is doing the weaseling and the labels need to prove.

Palmer’s legal team is pushing a real grey area of Copyright law around parodies. They are saying that what Palmer did constitutes a parody, which Copyright law allows them to do. And they are saying that since “We’re Not Gonna Take It” is a copy of “O Come All Ye Faithful”, Palmer didn’t need to pay for a licence.

And I don’t think Universal is doing a great job putting their case forward?

Universal are arguing that copyright has been breached and are seeking royalty payments and additional damages.

And Palmer is doing to Universal what the labels normally do to artists or ISP’s. Twist the truth. Mislead.

Suddenly, Palmer is a creative, who has a book next to his bed, to scribble down thoughts and ideas at 4am in the morning, because that’s what creatives like him do. Wake up early and create.

Please.

A rock on the ground is more creative than Palmer.

Even Mariah Carey got thrown into the mix.

And the hearing continues.

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Copyright, Music, Stupidity

Clive Palmer and Dee Snider

Dee Snider and Jay Jay French along with Universal are still waiting on an outcome of their copyright infringement suit against Clive Palmer for using the melody of “Were Not Gonna Take It” for his political ad of “Australia’s Not Gonna Cop It”.

Good luck guys.

In case you are not aware, this is the same Clive Palmer who sued the state of Western Australia (WA) for $30 billion dollars over an iron ore mine dispute.

He lost that one after the WA government passed a retroactive law stopping suits like this.

He then took the same state to court again, but this time to challenge their border closure. For those who don’t know, WA closed their borders to the rest of Australia and so far they have gone 100 plus days with no Covid-19 cases.

He lost that one as well.

Now he’s talking the WA Premier to court for defamation because the comments made by the Premier “injured Palmers feelings”.

This one is still pending.

And somehow amidst all this there is that copyright case from Dee Snider.

And amidst all of this is Palmer donating to certain political parties so he gets his way.

Good luck Dee.

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Copyright, Music, My Stories, Stupidity

Snider and Palmer

It was Al Pitrelli, his Widowmaker guitarist that pointed out to him (in the early 90s) that every time he heard “We’re Not Gonna Take It” back in the 80’s, it reminded him of the Christmas song “O Come All Ye Faithful”.

Then of course, Twisted Sister did a Christmas album In the two thousands and they re-did the “We’re Not Gonna Take It” music with the words of “O Come All Ye Faithful”.

So fast forward a decade and bit later from that Christmas album and you have one of the most hated business people in Australia, deciding that his “Australia’s Not Gonna Cop It” is based on the Christmas Carol.

Umm no.

It’s based on “We’re Not Gonna Take It”.

But like other business people in the world, he lies. Clive Palmer just continues to lie. Nothing is his fault, he can’t admit any wrong doing nor does he know how to apologise. But to lie and not pay his workers, god damn it, Palmer is good at it. Very good at it.

And I hate Copyright lawsuits, but I’m all in with the Snider camp on this one, because Palmer’s camp asked to use the song from Twisted Sister but they didn’t want to pay the license fee for it. So it all comes down to Palmer not paying for something, again. Sort of like how he didn’t pay his workers.

It’s a showdown in August.

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Copyright, Derivative Works, Music, My Stories

The Right To Use A Song

Artists have fans from all sides of the political debate, from all sides of religion and from all different races.

It’s okay to take money from fans for concert tickets, recorded product and merchandise who support a political party you don’t support or fans who believe in a religion you don’t believe in.

But when a political figure plays music at a rally or releases their own Spotify playlist for sharing, artists decide its time to take a moral stance, asking said politician to stop playing their music at rallies or to remove their song from their Spotify playlist.

It happens in Australia and it happens in other countries as well.

If the artist creates art for public consumption, why do they get upset if people use it publicly, especially when all of the Copyright licenses are satisfied.

I’m not a Trump supporter or the Australian version of Trump, Clive Palmer. But both of em have used “We’re Not Gonna Take It” from Twisted Sister as part of their campaigns. Trump at rallies and Palmer in an ad, with the lyrics “Australia’s not gonna cop it” to music from “We’re Not Gonna Take It” in a different key.

There is no chance in hell that fans of Dee Snider or Twisted Sister would think that they endorse Palmer. It never occurred to me at all.

Dee and Jay Jay might not like it, but Copyright was never meant to be about censoring other people especially if the normal licenses are paid.

And the main issue which no one addresses is how Copyright has developed into a right to censor people and prosecute people.

And of course, in typical Palmer fashion he slammed Dee Snider, saying that he owns the Copyright to the words he wrote, and that Dee is trying to generate publicity to sell tickets to his Aussie shows.

I guess Palmer has no idea how Dee follows things through or who is messing with, because if anyone is not going to take it, it’s Dee.

And one last thought, who is going to ensure that the artists words are not misused after they are departed as Copyright does extend 70 years after death (with the MPAA and RIAA pushing for 90 years after death)?

Based on current trends, no one will, because as long as a fee is paid to the heirs, their lawyers and the Corporation who holds the rights, it will be allowed.

In the end Copyright was always meant to give an artist an incentive to create, not to censor, regardless if they agree or disagree with the people using their material.

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