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Clive Palmer: it was 'misleading' to suggest he composed Twisted Sister cover, party director admits

<span>Photograph: Dan Peled/AAP</span>
Photograph: Dan Peled/AAP

The national director of Clive Palmer’s United Australia party has admitted that it was “misleading” for the mining billionaire to suggest he was the “composer” of a cover of the hit 1980s Twisted Sister song We’re Not Gonna Take It.

On Wednesday the UAP director James McDonald appeared as a witness in Universal Music’s federal court battle against Palmer over the use of the song in his party’s 2019 election campaign.

Lawyers for Palmer have argued that the party’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.

Palmer’s version of the song also changed the lyrics of the chorus to: “Australia ain’t gonna cop it, no Australia’s not gonna cop it, Aussies not gonna cop it any more.”

Related: Twisted Sister frontman tells court Clive Palmer 'not good for my image' in copyright case

After Universal demanded the party stop using the song in January last year, the UAP responded by claiming that the glam metal hit was a “RIP-OFF” of the hymn.

The party also claimed that Palmer had written the lyrics: “As you are aware the lyrics used in our party advertisement were composed by Mr Palmer and he owns the copyright for the lyrics.”

Under cross-examination though, McDonald admitted it was “misleading” of Palmer’s representatives to suggest the former MP had been the “composer”.

“Did you send this letter that you’ve agreed is misleading ... because that was the language Mr Palmer gave you?” Flynn asked.

“Yes,” McDonald responded.

The court also heard that the producer of Palmer’s video, David Wright, had originally sought a licence to use the original song. In one email, Wright said to Palmer – who sometimes used the alias Terry Smith – that “ideally the original words” of the song would be used but that they could “perhaps” be replaced with “Australias (sic) not gonna take it etc”.

“You wouldn’t negotiate on behalf of Mr Palmer for a licence that he didn’t need?” Flynn asked.

“No,” Wright conceded.

The court previously heard evidence on Tuesday from the former Twisted Sister lead singer Dee Snider. Appearing from the US, Snider told the court that Palmer’s use of the song in his political campaign was “not good for my heavy metal image”.