Down Under 'ripped off' Kookaburra riff Jodie Minus From: The Australian MEN at Work's hit single Down Under infringed copyright because it replicated the flute riff of the 1934 song Kookaburra, a federal court judge has found. Justice Peter Jacobson said the famous flute riff from the pop hit was unmistakably the same as the children's tune Kookaburra Sits in the Old Gum Tree, penned more than 75 years ago by Toorak teacher Marion Sinclair for a Girl Guides competition. "I have come to the view that the flute riff in Down Under in the 1979 recording and 1981 recording infringes on the copyright of Kookaburra because it replicates in material form a substantial part of Ms Sinclair's 1935 work,'' Justice Peter Jacobson told the court today. Justice Jacobson also said Larrikin Music Publishing, which owns the rights to Kookaburra, was entitled to recover damages from the respondents - Men at Work's Colin Hay and Ronald Strykert and their recording label, EMI. The infringement referred to is a flute riff that features in Down Under, but Justice Jacobson emphasised this riff was not a substantial part or a "hook" of the Men at Work song. Justice Jacobson said what percentage of the income of Down Under should be paid to Larrikin would be determined at a later date. "The respondents submit that Larrikin's claim to be entitled to 40-60 per cent of the income grossly over-reaches a proper allocation of any such entitlement," Justice Jacobson said. "That is a matter to be determined in the final part of this proceeding." The parties will meet in court on February 25.