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Will they be able to afford a vegemite sandwich?

Discussion in 'General Discussion Forum' started by ManlyBacker, Feb 4, 2010.

  1. ManlyBacker

    ManlyBacker Winging it Staff Member

    +971 / 7
    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.
  2. Canteen Worker

    Canteen Worker Well-Known Member 2016 Tipping Competitor

    +212 / 5
    This is one of the most ludicrous cases in a long time. Larrikin Music was handed the rights to this song and it is a joke - they did nothing for it and all it proves is that the law is an ass.

    Seeing their principal claim that this is a David V Goliath type case nearly made me puke. The judge should award them all the costs for the case and given them nothing.
  3. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

    Amsterdam, The Netherlands
    +5,438 / 74
    there are enough differences in the parts mentioned as well.

    Larrikin music has had years to do this and now only just started going after it. Just a money grabbing excercise and a joke
  4. SilentBob

    SilentBob Well-Known Member

    +3 / 0
    Larrikin only paid $6000 or so for the rights and only started legal action when the similarities were brought up on Spicks and Specks. Complete joke.
  5. The Gronk

    The Gronk Well-Known Member

    +37 / 0
    this should never happen in a land down under, where beer does flow and men chunder

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