Foo Fighters Sue Over Aussie Ad

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June 16, 2010 | 7:40am EST

The Foo Fighters have filed suit against executives at an Australian advertising agency over allegations they used one of the band’s songs without permission.
The rock group, fronted by Dave Grohl, is suing bosses at Brisbane-based firm RE/MAX Australia over claims they used a portion of their hit 1999 single Learn To Fly in a television promo.

The advert in question does not feature the band, but the rockers allege the piece includes a section of their track which has been re-recorded.

The alleged sampling reportedly came to light when an Aussie fan posted a message on the band’s internet forum asking whether they had allowed the guitar rift from the tune to be used in the advert.

Nicholas Thiele, regional director of RE/MAX, tells, ”It’s certainly not the position of this company to intentionally infringe on anyone’s copyright. We’ve got very strong trademark and copyright issues regarding our own brand that we feel are very important.”

The lawsuit, filed at Australian Federal Court this week, claims two promos ”incorporate a musical composition… that reproduces a substantial part” of the band’s work, and is seeking unspecified damages, interest and costs.

The legal papers also demand all copies of the offending work be handed over to the band’s representatives.

The case is due to be heard in court Down Under in August.