Thank you to my friend Melissa for posting these for me.
Today Australian based singer Megan Washington settled
legal action with QANTAS over the unauthorised use of a video recording of a
performance taken at a corporate event. Megan Washington said it breached the
terms of her agreement and ‘raised issues of copyright and her reputation’.
In an article in the Sydney Morning Herald published today “Washington
wins payout for Qantas use of 'I Still Call Australia Home'’ by Christopher
Knaus from The Canberra Times stated “Australian singer Megan Washington has won a
significant settlement from Qantas after the airline misused a video of her
performing I Still Call Australia Home
at a corporate event.
The ARIA award-winning artist took legal action against the
airline last year, seeking $500,000 damages for its alleged unauthorised use of
a recording of her singing at Qantas' 90th anniversary party.
The airline then used the video on its website, YouTube
channel and during in-flight entertainment…Ms Washington said the use raised
issues of copyright and her reputation.
The use of the video also potentially breached the
agreement between Ms Washington and the airline over the performance.”
I could understand if the
singer had written and performed her own music. The song “I Still Call
Australia Home” is written by and originally performed by Peter Allen. Although
I didn’t see the performance I gather QANTAS would have paid the singer very
well for the performance.
Wikipedia (2014) writes“The song ‘I Still Call Australia Home’… It has been used to suggest
Australian patriotism and nostalgia for home. An example is the series of QANTAS
television commercials where it was sung either by individual Australian
musicians or one of several Australian youth choirs”.
The Wikipedia
entry then goes on to list a range of Australian entertainers who have sung it
on various occasions “In the 1984 Summer
Olympics 1984 Opening
Gala TV special (in Los Angeles), Oliva Newton-John performed this song
from Sydney Australia with the choir in a medley with Waltzing Matilda. Later,
both songs were used in the musical The
Boy from Oz, about Allen's life in which Hugh Jackman starred as Allen…
Most Australians will remember Oprah Winfrey’s visit to
Australia. During the show Nicole Kidman, Keith Urban, Hugh Jackman, Olivia
Newton-John and Russell Crowe sang I Still Call Australia Home at the Opera
House to close her visit. The performance was aired on US television on Friday
21 January 2011”.
QANTAS did the right
thing in supporting local talent rather than overseas or expat Australians.
Most musicians and singers would probably welcome the publicity offered on a
national airline carrier such as QANTAS.
Washington wins payout for Qantas use of 'I
Still Call Australia Home' by Christopher Knaus for The Canberra Times. (no
copyright infringement intended)
Australian singer Megan Washington has won a significant settlement from
Qantas after the airline misused a video of her performing I Still Call Australia Home at a
corporate event.
The ARIA award-winning artist took legal action against the airline last
year, seeking $500,000 damages for its alleged unauthorised use of a recording
of her singing at Qantas' 90th anniversary party.
The airline then used the video on its website, YouTube channel and
during in-flight entertainment.
Ms Washington said the use raised issues of copyright and her
reputation. The use of the video also potentially breached the agreement
between Ms Washington and the airline over the performance.
The singer, who this week opened up about her delibitating stutter on the ABC's Australian Story alleged Qantas engaged
in misleading or deceptive conduct and made false or misleading
representations.
The case came before the Federal Circuit Court, but was settled
confidentially. In a statement, Qantas said it has ''never accepted'' that it misused
the video.
''Qantas settled to put an end to the dispute, where the legal costs far
outweighed the value of the claim,'' a spokeswoman said.
''While settlement details are confidential we are pleased the dispute
has come to an end and believe the litigation was settled in a very
satisfactory manner for Qantas.''
Ms Washington emerged from the settlement with what the court described
as a ''significant sum'', although the exact figure is unknown.
Qantas agreed to pay her court costs, but disputed how much they owed to
cover the proceedings.
The dispute was heard before judge Nick Nicholls in February, and the
airline won its argument on the amount it owed.
Ms Washington's first album I
Believe You Liar was released in 2010, and she won ARIAs for best female
artist and breakthrough artist.
She was inundated with messages of support after the airing of an Australian Story profile earlier this
week, in which she spoke about the trauma her lifelong stutter has caused.
Following the feature story, Ms Washington posted on social media: ''I
have never in my life been as moved as I am tonight. Hey, Australia, thanks for
being understanding & clever & empathetic & awesome. I am grateful
to you. X.''
The New Guinea-born singer-songwriter has recently finished a new album,
expected to be released in September.
