80's New Wave Hit 'Down Under' by Men At Work Stole From A Kids Song Says Judge - Sitcoms Online Message Boards

Brian Damage · 02-04-2010, 07:30 PM

A judge in Sydney, Australia ruled today that Men at Work’s ’80s megahit “Down Under” infringes on the copyright of an old children’s song called “Kookaburra Sits in the Old Gum Tree,” according to the AP. “Kookaburra…” was originally written by an Australian teacher named Marion Sinclair, who died in 1988. The song’s copyright is now owned by the publishing company Larrikin Music, which sued for unpaid royalties. “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,” said Federal Court Justice Peter Jacobson. The judge ordered the litigants to return to court on February 25 to discuss compensation.

Men At Work singer Colin Hay has responded to the judge’s decision with a lengthy statement, in which he admits that bandmate Greg Ham “unconsciously referenced two bars of Kookaburra on the flute… and it did end up in the Men At Work recording.” But Hay argues that it was part of the song’s arrangement, not its composition. Hay concludes by writing that the song, “lives in my heart, and may perhaps live in yours. I claim it, and will continue to play it, for as long as you want to hear it.”

http://music-mix.ew.com/2010/02/04/d...rk-kookaburra/

ABlairican Pie · 02-05-2010, 02:09 AM

There is a part of that song that is lifted from "Kookaburra", though it's a little subtle.

Also, does anyone remember "Centerfold" by J. Geils Band, back in 1982? I remember hearing the old Scottish folk tune, "Oh row, the rattlin' bog, the bog down in the valley-O", that served as the song's main riff. Hmmmm.

catlover79 · 02-05-2010, 02:20 AM

It's taken 27 years for all this to be ruled by a judge?

80sTrivia · 02-05-2010, 05:37 AM

Quote:

Originally Posted by catlover79

It's taken 27 years for all this to be ruled by a judge?

I was thinking the same thing...

catlover79 · 02-05-2010, 01:21 PM

Quote:

Originally Posted by 80sTrivia

I was thinking the same thing...

Sorry that the Aussies' taxpayer money went to waste because of this...

robyrob · 02-05-2010, 04:50 PM

doesn't the flute melody of the original song basically just mimic the natural song of the bird? when does the BIRD get paid!

TJL · 02-05-2010, 05:14 PM

Quote:

Originally Posted by catlover79

It's taken 27 years for all this to be ruled by a judge?

I guess there's no statute of limitations in the land down under.

catlover79 · 02-05-2010, 05:42 PM

Quote:

Originally Posted by TJL

I guess there's no statute of limitations in the land down under.

I guess not!

Marvo301 · 02-05-2010, 07:40 PM

Quote:

Originally Posted by robyrob

doesn't the flute melody of the original song basically just mimic the natural song of the bird? when does the BIRD get paid!

I'm sure the BIRD will get a nice little nest egg out of this!!

02-04-2010, 07:30 PM	#1
Brian Damage I'm Rich Bitch Forum Icon Join Date: Feb 03, 2002 Location: What Ain't No Country I Ever Heard Of...They Speak English in What? Posts: 63,107	80's New Wave Hit 'Down Under' by Men At Work Stole From A Kids Song Says Judge A judge in Sydney, Australia ruled today that Men at Work’s ’80s megahit “Down Under” infringes on the copyright of an old children’s song called “Kookaburra Sits in the Old Gum Tree,” according to the AP. “Kookaburra…” was originally written by an Australian teacher named Marion Sinclair, who died in 1988. The song’s copyright is now owned by the publishing company Larrikin Music, which sued for unpaid royalties. “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,” said Federal Court Justice Peter Jacobson. The judge ordered the litigants to return to court on February 25 to discuss compensation. Men At Work singer Colin Hay has responded to the judge’s decision with a lengthy statement, in which he admits that bandmate Greg Ham “unconsciously referenced two bars of Kookaburra on the flute… and it did end up in the Men At Work recording.” But Hay argues that it was part of the song’s arrangement, not its composition. Hay concludes by writing that the song, “lives in my heart, and may perhaps live in yours. I claim it, and will continue to play it, for as long as you want to hear it.” http://music-mix.ew.com/2010/02/04/d...rk-kookaburra/
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02-05-2010, 02:09 AM	#2
ABlairican Pie Member Forum Superstar Join Date: Dec 12, 2001 Location: Living where cats reign more Supreme than a pizza. Posts: 31,620	There is a part of that song that is lifted from "Kookaburra", though it's a little subtle. Also, does anyone remember "Centerfold" by J. Geils Band, back in 1982? I remember hearing the old Scottish folk tune, "Oh row, the rattlin' bog, the bog down in the valley-O", that served as the song's main riff. Hmmmm.
	__________________ Release the kitties. --Nathan Explosion

02-05-2010, 02:20 AM	#3
catlover79 God Bless Val Forum Addict Join Date: May 29, 2006 Location: Bewitched in Ohio Posts: 70,376	It's taken 27 years for all this to be ruled by a judge?
	__________________ "Jesus loves you and He approves this message." "I'm alive. I'm feeling good. I'm trying to live every moment as much as I can." - Valerie Harper, March 2013

02-05-2010, 04:50 PM	#6
robyrob certified wackball#3 Moderator Forum Icon Join Date: Aug 03, 2003 Location: hiding under the third booth at Arnold's Posts: 58,179	doesn't the flute melody of the original song basically just mimic the natural song of the bird? when does the BIRD get paid!
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