AP Photo Greg Ham is pictured above on the far left. SYDNEY (AP) - Greg…
Men at Work Ordered to Pay Up Over 'Down Under' Copyright Infringement
- Posted on Oct 7th 2011 1:00PM by Dan Reilly
Fotos International, Getty Images
According to AP, the band will have to fork over 5 percent of the royalties from its hit 'Down Under' after Australia's High Court ruled the songwriters copied the flute riff from the nursery rhyme 'Kookaburra.'
Written by teacher Marion Sinclair in 1934, 'Kookaburra' -- alternately known by its first line, "Kookaburra sits in the old gum tree" -- has become a favorite of children around the world. Though Sinclair died in 1988, publisher Larrikin Music currently owns the rights to the song and sued Men at Work in 2009.
After several appeals, the High Court upheld an earlier ruling saying that Men at Work's Colin Hay and Ron Strykert will have to pay 5 percent of any earnings on the song from 2002 on. The song was originally released in 1981 and became a No. 1 hit in Australia, the U.S. and England, but because of a statute of limitations, Larrikin couldn't recoup any money from before 2002.
Below, we have a video of schoolchildren singing 'Kookaburra' followed by Men at Work's 'Down Under.' Did the courts make the right call?
'Down Under'
- Filed under: News, I Fought the Law
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Around The Web:
COMPARE! Men At Work sued over DOWN UNDER Kookaburra Girl ...
Judge says Men at Work's 'Down Under' mimics nursery rhyme - CNN
Men at Work 'stole' riff from Kookaburra children's song - Telegraph
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Stupid stupid stupid. Suing for copyrights on a song that was released HOW MANY YEARS AGO? Geeesus. Gimme a break!
January 18 2012 at 4:53 PM Report abuse Permalink rate up rate down Reply
angelkissed1
No, do not sound the same in any way to me. Seriously, do the people who make these decisions actually listen to music? I hope they can appeal.
October 10 2011 at 1:48 AM Report abuse Permalink rate up rate down ReplyI have heard of The Beatles, but who is this?
October 09 2011 at 10:48 AM Report abuse Permalink rate up rate down ReplyIt's an old 80's group who was killer at the time. These songs sound nothing alike. Now go have your cookies and milk.:-)
October 09 2011 at 7:35 PM Report abuse Permalink rate up rate down Replysounds like greed to me also the flute riff is similar all 8 notes of it. AOL news could have done a better job at finding a comparison heres one from youtube of the riff in question. Greed i say all greed. http://www.youtube.com/watch?v=eqOIdtKZTG4
October 09 2011 at 8:27 AM Report abuse Permalink rate up rate down ReplyNo Way, not even No way. There are only basically 12 notes in music so I guess you can think hard enough and come up with anything being like something else if you try hard enough. Labamba and twist and shout very close singing the verse's interchangable but no rip off's were ever intended. It's just the way things come out sometimes. You can tell a direct ripoff however. Then again with the right lawyers you can call a direct ripoff a "Tribute" lol. Singin Sweet Home Alabama all Summer Long "WereWolf's of London"
In Austrailia the theme from "Sesame Street" might be in trouble with whoever owns the rights to "Love Me Do"
The riff is similar. If you listen to the very beginning of the MAW song you hear a similar riff to the Kookaburra song. Key word is SIMILAR. The rhythm seems faster, besides...how do you compare a FLUTE with VOCALS? I remember both songs...& for you 80's haters...get over it.
October 09 2011 at 7:55 AM Report abuse Permalink rate up rate down ReplyThose judges are idiots. I do not here the similarities they are claiming. Greed, greed, and more greed.
October 09 2011 at 7:44 AM Report abuse Permalink -1 rate up rate down Reply"Money makes the world go round, the world go round, the world go round"...
Another example of greed, and idiots sitting on the judge's bench. Nice to see the problem isn't just an American malady. ;o)
I have known both songs well. Never once did I put the 2 together. And believe me if they were anything alike I would have.Studied music all my life. There is no connection between these 2 songs. Men at work did not have Kookaburra in mind when they wrote Down Under.
October 09 2011 at 6:52 AM Report abuse Permalink +1 rate up rate down ReplyThe song has no similarities to the childrens, except for the flute rif.. The rif does have 8 or 9 notes that are similar, if not exaclty the same as the childrens song. While only a fraction of the total piece, I can see how a greedy executive can reach for an infingement case. Still, after decades of play, why sue now? And where do we draw the line on copyrights? 3 notes? 5? In the eighties, there was a show, " Name that tune" where contestants were given clues to guess a song, and some could name the song in 1 note. Not quite the same since there were clues, but it goes to show that it doesn't take many notes to id a melody.
October 09 2011 at 6:47 AM Report abuse Permalink rate up rate down Reply
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