Court says '80s hit `Down Under' copies kids' song

[deathfearsnone]

well looks like there gig got busted!

http://news.yahoo.com/s/ap/20100204/ap_on_en_mu/as_australia_men_at_work

SYDNEY – Australian band Men at Work copied a well-known children's campfire song for the flute melody in its 1980s hit "Down Under" and owes the owner years of royalties, a court ruled Thursday.

"Kookaburra Sits in the Old Gum Tree" was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song has been a favorite around campfires from New Zealand to Canada.

The teacher died in 1988, and publishing company Larrikin Music owns the copyright to her song about the native Australian bird. Larrikin filed the copyright lawsuit last year.

"I have come to the view that the flute riff in "Down Under" ... infringes on the copyright of Kookaburra because it replicates in material form a substantial part of Ms. Sinclair's 1935 work," Federal Court Justice Peter Jacobson said.

He ordered the parties back in court Feb. 25 to discuss the compensation Larrikin should receive from songwriters Colin Hay and Ron Strykert and Men at Work's record companies Sony BMG Music Entertainment and EMI Songs Australia.

Adam Simpson, Larrikin Music's lawyer, said outside court the company might seek up to 60 percent of the royalties "Down Under" earned since its release — an amount that could total millions.

The songwriters and their recording companies did not immediately comment.

"Down Under" and the album "Business As Usual" topped the Australian, American and British charts in early 1983. The song remains an unofficial anthem for Australia and was ranked fourth in a 2001 music industry survey of the best Australian songs. Men at Work won the 1983 Grammy Award for Best New Artist.

[Restavon]

I say that ruling is weak. We were taught that song (Kookaburra) in school back in the day and I can't see the infringement. At least not 60% worth.

[pomba gira]

All I can think of is Peter singing "Down Under" on Family Guy.

[Rev.Reverence]

That sux!

[creatureofthenyte]

that sucks. M @ W was one of my favorite bands when I was a kid.

[~Tszura~]

Wow, they were really on the ball with this one, weren't they? lol I know legal issues can take a while when things like copyrights come up, but come on, its almost 30 years later. Wait a minute, I just read it again.......the lawsuit was filed just last year?!? This is like when I saw the Soup Nazi from Seinfeld come out with his own line of soups for a short time a couple of years ago.......yeah, you missed that boat buddy! lol While this all sucks, and they should have filed sooner, in the end, copyrights are there to protect people. I agree, though, as I don't think any infringement in this case is worth 60% of the royalties!

[jynxxxedangel]

You know....it does sound similar. Never noticed that before!

[candyman]

Wow...its close but not that close. At least they had a good song unlike Vanilla Ice which makes me believe this is all about the money they will get.

[jynxxxedangel]

I think it's kinda funny that it took these people 20 years to realise the similarity.