Copyright law - Exclusive rights with Moira McKenzie
What are your rights as the copyright owner?
In Australia, copyright gives you certain exclusive rights to your work.
Here are the rights you have for music and lyrics — and how they apply to your song:
TWISTED SISTER VS CLIVE PALMER
In 2019, Clive Palmer used a changed version of We're Not Gonna Take It by Twisted Sister in his election ads.
He kept the same music but changed the lyrics to Aussies Not Gonna Cop It.
Palmer asked Universal Music Publishing for a licence to use the song – but he didn’t want to pay the $150,000 licence fee.
He chose to re-record the song without a licence.
The court ruled that Palmer broke the law by using the song without permission.
This is an infringement of the exclusive rights of the song's creators (like the right to use, copy, and share the song).
The Court ordered Palmer to pay:
- $500,000 in damages against Palmer, reflecting the licence fee which would have been payable for the use
- $1 million in additional damages because Palmer knew what he was doing, ignored the law, and it was very serious. The court also wanted to stop others doing the same thing.
Did you know
SAME SONG NEW WORDS
1. Listen to both songs
Focus on the melody in the chorus.
2. Compare them
Do the songs sound the same?
3. You be the judge!
- Did Palmer copy Twisted Sister’s music?
- What exclusive rights do you think Palmer violated?
- How could Palmer have avoided this issue?
My sweet lord vs he's so fine
In the 1970s, George Harrison’s hit My Sweet Lord was noted for sounding like He’s So Fine by The Chiffons.
Despite different lyrics and production, the main melody — especially in the chorus — was very similar.
what was the outcome?
Harrison said he knew He’s So Fine but didn’t mean to copy it.
But the judge ruled that even subconscious copying still counts as copyright infringement.
Did Harrison deliberately use the music of 'He’s So Fine'? I do not believe he did so deliberately. Nevertheless, it is clear that 'My Sweet Lord' is the very same song as 'He’s So Fine' with different words, and Harrison had access to 'He’s So Fine'. That is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished.
Harrison said Oh Happy Day inspired him — both songs shared that influence.
The verdict
Harrison was found to have breached copyright and had to pay damages to the rights holders.
Sounds the same... by accident
1. Listen to both songs
Focus on the vocal melody in the chorus of My Sweet Lord and compare it to He’s So Fine.
2. Compare them
Do the melodies sound alike?
Can you sing He’s So Fine over the melody of My Sweet Lord?
3. Make a decision
Read the outcome of the case and answer the following questions:
- Do you think George Harrison copied He’s So Fine?
- What exclusive rights do you think My Sweet Lord might have been in violation of?
- Do you agree with the court’s decision? Why or why not?
- If a songwriter doesn’t mean to copy a song, should they still be held accountable? Why or why not?
