Court Rules Men At Work In Breach Of Copyright For "Down Under"
Aussie pop group Men At Work is in hot water for allegedly lifting the melody of their hit song "Down Under" from a children's campfire tune. According to the "Herald Sun," Australian judge Peter Jacobson ruled that Men At Work breached copyright with the use of the song's signature flute riff. The riff is from an age-old children's song titled "Kookaburra," which is also known by it's first line, "Kookaburra Sits In The Old Gum Tree." Men At Work frontman Colin Hay denies the charge. He says, quote, "I appropriated nothing from anyone else's song. 'Down Under' lives in my heart, and may perhaps live in yours. I claim it, and will continue to play it, for as long as you want to hear it." It seems the melody of the two songs match -- a point strengthened by Hay's own admission that he has often sung the "Kookaburra" words to the tune of "Down Under" while performing the song.
Judge Jacobson says, quote, "There is a sufficient degree of objective similarity between the bars of 'Kookaburra,' which are seen and heard in 'Down Under.'" Music teacher Marion Sinclair is credited with writing "Kookaburra" in 1932. It was first performed in 1934 by the Girl Guides Association of Victoria for a competition. Larrikin Music took over the rights to Sinclair's song following her death in 1988. The company now stands to collect millions of dollars in unpaid royalties from Men At Work members Hay and Ron Strykert, who hold songwriting titles under EMI Music and Sony BMG. Financial details have yet to be hammered out, but both sides will meet on February 25th to come to an agreement. |