Airline Denies ‘Love Is In The Air’ Copyright Breach
An electro-pop song used in a three-year advertising campaign by Air France did not infringe the copyright on the Australian hit Love Is In The Air, a judge has been told.
Chris Dimitriadis, for the airline, said its advertising signature, France Is In The Air, was developed some time before the decision was made to use Glass Candy's song Warm In The Winter in the campaign.
He was opening the airline's defence on Tuesday in the Federal Court copyright infringement case relating to the Australian pop song written in 1977 by Harry Vanda and George Young, who died in 2017.
Barrister Michael Hall SC said Vanda and Young had refused lucrative offers involving changing the lyrics to their late-70s hit which was featured in the Australian movie Strictly Ballroom.
Vanda, Young's estate, Boomerang Investments and two Australian copyright bodies are suing American duo Glass Candy, its songwriters Johnny Padgett and Lori Monahan, Kobalt Music Publishing and Air France.
Mr Dimitriadis said the airline's advertising agency developed the France Is In The Air campaign, which ran from 2015 to 2018 and involved Glass Candy's Warm In The Winter song.
The evidence would show steps were taken to make sure the necessary intellectual property rights and licenses were obtained.
"It did not make any unauthorised use of the applicants' copyright works," he said.
The airline's new signature, France Is In The Air, was unveiled in 2013 before work began on coming up with the promotional film which ultimately used Warm In The Winter.
This "was a very different piece of music to Love Is In The Air" and was described as "a melody that crosses borders", he said.
The common phrase of "love is in the air" in the Glass Candy song happened to be similar to the airline's new signature France Is In The Air, he said.
And he contended the five words "love is in the air" and the music notes which accompanied them did not amount to being a substantial part of the Vanda and George song.
The hearing continues before Justice Nye Perram.