Feeds

Men at Work lose Down Under plagiarism appeal

Must cough royalties for Kookaburra rip-off

Build a business case: developing custom apps

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. ®

A new approach to endpoint data protection

More from The Register

next story
Amazon says Hachette should lower ebook prices, pay authors more
Oh yeah ... and a 30% cut for Amazon to seal the deal
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
Nintend-OH NO! Sorry, Mario – your profits are in another castle
Red-hatted mascot, red-colored logo, red-stained finance books
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
Feel free to BONK on the TUBE, says Transport for London
Plus: Almost NOBODY uses pay-by-bonk on buses - Visa
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
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
prev story

Whitepapers

7 Elements of Radically Simple OS Migration
Avoid the typical headaches of OS migration during your next project by learning about 7 elements of radically simple OS migration.
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.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Solving today's distributed Big Data backup challenges
Enable IT efficiency and allow a firm to access and reuse corporate information for competitive advantage, ultimately changing business outcomes.
A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?