The former frontman of US glam rock band Twisted Sister has told a federal court hearing that Clive Palmer’s use of his hit 1980s song We’re Not Gonna Take It in a political ad campaign was “not good for my heavy metal image”.
Appearing remotely from his home in Las Vegas, singer-songwriter Dee Snider gave evidence in Universal Music’s court battle against Palmer over the mining billionaire’s use of the song in the 2019 federal election campaign.
Under cross-examination on Tuesday, Snider told the court a cover version of the song used by Palmer had been “awful” and had “misrepresented” the song. He said he expected Universal, the exclusive licensee of his music, would “seek my views on any controversial use to any of my songs” out of “courtesy”.
“Mr Palmer’s image is not good for my heavy metal image, either. There is nothing to be gained from my association,” Snider said.
Palmer used a cover version of the song during his multimillion-dollar advertising blitz during last year’s federal election campaign. The Palmer version of the song changed the lyrics to: “Australia ain’t gonna cop it, no Australia’s not gonna cop it, Aussies not gonna cop it any more.”
Lawyers for the former MP have argued Palmer’s use of the song did not infringe on Universal’s copyright because the melody of We’re Not Gonna Take It was based on the hymn O Come, All Ye Faithful.
Snider has previously written in his autobiography that he believed the first six notes of the hymn had unknowingly “infiltrated my psyche” and been “transformed” into the metal hit.
On Tuesday Palmer’s barrister, Edmund Robinson, played the court footage of Snider performing a “mash-up” of the two songs in Chicago, as well as a version of the hymn Snider sang on a Christmas album released by Twisted Sister.
In court on Tuesday, Snider agreed that the hymn may have been part of his “inspiration” for the song, but argued the “key word” from his book was “transformed”.
“I believe that we’re like computers and we can only put out what we’ve download into us … I believe that all the music I’ve listened to has been imprinted in my brain and I’m regurgitating all this different information into different arrangements [and] hopefully creating original material,” he said.
He told the court it had been difficult to write the mash-up of the two songs because of their differences.
“It was not easy, it did not fit together,” he said.
Asked by Robinson whether it was possible that the lawsuit against Palmer “might have led to additional sales of tickets to your Australian tours, Snider responded: “I highly doubt it.”
