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The Federal Court heard that Palmer had refused
to pay Universal to licence the song but had used it anyway,
with modified lyrics, in advertising for his political outfit,
United Australia Party (UAP), ahead of a 2019 general election.
Palmer argued the tune in the advertisements was based on the
Christian hymn "Oh Come All Ye Faithful" and that his lyrics -
"Australia ain’t gonna cop it, no Australia’s not gonna cop it,
Aussies not gonna cop it anymore" - had nothing to do with the
U.S. glam rockers' hit song.
Federal Court Justice Anna Katzmann said Palmer's defence was
"fanciful".
"In the face of the evidence it is, with respect, ludicrous to
suggest that the UAP recording was created independently of
(We're Not Gonna Take It)," she wrote in a ruling published.
Palmer had been "high-handed and contemptuous" and "gave false
evidence, including concocting a story to exculpate himself,"
she added.
As well as the damages, Palmer was ordered to pay costs and to
remove all copies of his song.
Twisted Sister lead singer Dee Snider responded to the ruling on
Twitter: "It's over baby! WE WON BIG!!"
"We're not gonna take copyright infringement any more!!" he
wrote after the verdict.
A spokesman for Palmer said the businessman would examine the
ruling and consider an appeal.
Palmer made a fortune from real estate and mining before
entering federal politics in 2013 on a populist platform.
His party won a handful of seats before imploding in acrimony
and in-fighting, and failed to win a single seat in 2019 despite
spending A$83 million on advertising.
($1 = 1.2855 Australian dollars)
(Reporting by Colin Packham; Editing by Stephen Coates)
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