Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434

Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434

The respondent infringed copyright in both the musical and literary work by reproducing and communicating a substantial, original, and qualitatively significant part of the works—namely, the distinctive chorus of 'We're Not Gonna Take It'—in political advertisements without licence. The impugned works were objectively similar and copied both the music and lyrics with only superficial changes to words, and the evidence established a strong causal connection. The fair dealing defence under s 41A failed because the use was not for the purpose of parody or satire, and the dealing was not fair according to the standards of a fair-minded and honest person, being opportunistic and for political...

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Copyright Infringement Proceeding / Final Judgment
Outcome
Judgment for the applicants; respondent found to have infringed copyright in both the musical work and literary work; fair dealing defence rejected.
Legal Topics
['copyright' 'musical Works' 'literary Works' 'infringement' 'fair Dealing' 'parody and Satire Defence' 'damages']
['intellectual Property'] ['copyright' 'musical Works' 'literary Works' 'infringement' 'fair Dealing' 'parody and Satire Defence' 'damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Copyright Infringement Proceeding / Final Judgment

Legal Issues

  1. 1 ['Whether the respondent infringed copyright in a musical and literary work by unauthorised reproduction and communication in political advertisements' 'Whether parts taken from the works were objectively similar and constituted a substantial part' 'Whether alleged use was fair dealing for the purpose of parody or satire under s 41A of the Copyright Act' 'The proper measure of compensatory and additional damages']

Ratio Decidendi

The respondent infringed copyright in both the musical and literary work by reproducing and communicating a substantial, original, and qualitatively significant part of the works—namely, the distinctive chorus of 'We're Not Gonna Take It'—in political advertisements without licence. The impugned works were objectively similar and copied both the music and lyrics with only superficial changes to words, and the evidence established a strong causal connection. The fair dealing defence under s 41A failed because the use was not for the purpose of parody or satire, and the dealing was not fair according to the standards of a fair-minded and honest person, being opportunistic and for political...

Court Disposition

Judgment for the applicants; respondent found to have infringed copyright in both the musical work and literary work; fair dealing defence rejected.

Orders

  • ["Declaration that the respondent infringed the applicants' copyright in both works by unauthorised reproduction and communication." 'Permanent injunction restraining the respondent from reproducing, authorising reproduction, communicating, or authorising communication of the whole or a substantial part of the...