Feeds

Men at Work appeal Down Under plagiarism ruling

Kookaburra? What kookaburra?

Beginner's guide to SSL certificates

EMI Music has lodged an appeal against the ruling that the flute riff in Down Under by Oz band Men at Work was plagiarised from Lucky Country kids' favourite Kookaburra Sits in the Old Gum Tree.

A Sydney court earlier this month ruled in favour of Kookaburra copyright holder Larrikin Music, decreeing the offending flute part was indeed snatched from the 1934 ditty written by Marion Sinclair for a Girl Guides Jamboree.

A costs hearing was set for this month, and Larrikin hopes to take 40-60 per cent of the song's earning from songwriters Colin Hay and Ron Strykert, and Sony BMG Music Entertainment and EMI Songs Australia.

EMI Music has filed papers with the Federal Court in Sydney, which list "14 grounds for appeal", including that the similarity between the tunes can only be detected by a "highly educated musical ear".

The appeal also describes the flute riff as "at most, a form of tribute to the tune", the BBC explains.

Furthermore, EMI argues, "the Girl Guides Association of Victoria state actually owned the copyright, as they sponsored the 1934 Girl Guides song competition for which the song was written".

Colin Hay earlier this month issued a statement which described any reference to Kookaburra as "inadvertent, naive, unconscious". He said: "By the time Men At Work had recorded the song, it had become unrecognisable."

Readers with highly educated musical ears are invited to spot the flute-playing kookaburra sitting in the old gum tree in this entertaining Down Under vid:

®

Security for virtualized datacentres

More from The Register

next story
Boffins who stare at goats: I do believe they’re SHRINKING
Alpine chamois being squashed by global warming
Space exploration is just so lame. NEW APPS are mankind's future
We feel obliged to point out the headline statement is total, utter cobblers
Down-under record: Australian gets $140k for pussy
'Tiffany' closes deal - 'it's more common to offer your wife', says agent
Internet finally ready to replace answering machine cassette tape
It's a simple message and I'm leaving out the whistles and bells
FedEx helps deliver THOUSANDS of spam messages DIRECT to its Blighty customers
Don't worry Wilson, I'll do all the paddling. You just hang on
The iPAD launch BEFORE it happened: SPECULATIVE GUFF ahead of actual event
Nerve-shattering run-up to the pre-planned known event
Win a year’s supply of chocolate (no tech knowledge required)
Over £200 worth of the good stuff up for grabs
STONER SHEEP get the MUNCHIES after feasting on £4k worth of cannabis plants
Baaaaaa! Fanny's Farm's woolly flock is high, maaaaaan
Adorkable overshare of words like photobomb in this year's dictionaries
And hipsters are finally defined as self-loathing. Sort of
Not a loyal follower of @BritishMonarchy? You missed The QUEEN*'s first Tweet
Her Maj opens 'Information Age' at the Science Museum
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.