Feeds

Men at Work lose Down Under plagiarism appeal

Must cough royalties for Kookaburra rip-off

Top three mobile application threats

Australia's Federal Court has rejected an appeal by EMI Music and Men at Work against a ruling that part of the 1983 hit Down Under was lifted from Kookaburra Sits in the Old Gum Tree.

In February last year, a Sydney court decided that a flute riff from Down Under was indeed swiped from the 1934 song written by Marion Sinclair for a Girl Guides Jamboree.

Kookaburra copyright holder Larrikin Music hoped to trouser 40-60 per cent of the song's earnings from songwriters Colin Hay and Ron Strykert, although a costs hearing "ordered that the band must pay five per cent of money earned from the song since 2002 as well as future royalties", the BBC explains.

Last year, Hay defended that any reference to Kookaburra was "inadvertent, naive, unconscious", adding: "By the time Men At Work had recorded the song, it had become unrecognisable."

EMI Music's appeal described the offending flute riff as "at most, a form of tribute to the tune", which can only be detected by a "highly educated musical ear".

The court disagreed, and its decision allows Larrikin Music to proceed with its claim for "millions of dollars" from Hay and Strykert. ®

Build a business case: developing custom apps

More from The Register

next story
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.