Sydney Morning Herald; Lawyers sue, men plunder:
A throwaway line in a television quiz show was the prelude to a multimillion-dollar court battle that could change the way musicians go about creating music, writes Joel Gibson.
"The courts have been reluctant to interpret copyright law too heavily against new works, she said, for fear of stymying creativity - but the music industry will be anxiously awaiting the outcome of this case.
''It does create uncertainty about how people can reference other songs … It means you can never have a thought or write a song without looking over your shoulder. Musicians would have to start retro-fitting their songs with some kind of analysis.''
McKeough said the protection of creative works had to be balanced by the knowledge that ''nothing is truly original, there are so many songs in the world''.
http://www.smh.com.au/news/entertainment/music/lawyers-sue-men-plunder/2009/11/01/1257010103921.html?page=4
Showing posts with label Larrikin Music. Show all posts
Showing posts with label Larrikin Music. Show all posts
Wednesday, November 4, 2009
Friday, October 30, 2009
Down Under musician says he's dinkum; Sydney Morning Herald, 10/30/09
Joel Gibson, Sydney Morning Herald; Down Under musician says he's dinkum:
"Larrikin Music Publishing, which owns the rights to Kookaburra, is suing Hay and Strykert and their publishing company, EMI, claiming they reproduced more than half of Kookaburra and made a small fortune from it in royalties, licences and sheet music sales.
Larrikin wants 40 to 60 per cent of income earned from Down Under in future and in the past six years, which is as far back as the law allows. But the authors and EMI say the use of the Kookaburra melody was unconscious, and is a fair adaptation under the Copyright Act.
Even if it was an infringement, they argue Larrikin is ''over-reaching'', saying many of the 20-plus versions of the song do not contain the flute riff."
http://www.smh.com.au/lifestyle/people/down-under-musician-says-hes-dinkum-20091029-hnr1.html
"Larrikin Music Publishing, which owns the rights to Kookaburra, is suing Hay and Strykert and their publishing company, EMI, claiming they reproduced more than half of Kookaburra and made a small fortune from it in royalties, licences and sheet music sales.
Larrikin wants 40 to 60 per cent of income earned from Down Under in future and in the past six years, which is as far back as the law allows. But the authors and EMI say the use of the Kookaburra melody was unconscious, and is a fair adaptation under the Copyright Act.
Even if it was an infringement, they argue Larrikin is ''over-reaching'', saying many of the 20-plus versions of the song do not contain the flute riff."
http://www.smh.com.au/lifestyle/people/down-under-musician-says-hes-dinkum-20091029-hnr1.html
Thursday, August 6, 2009
Men at Work loses first stage of copyright lawsuit; Boston Globe, 7/30/09
Kristen Gelineau via Boston Globe; Men at Work loses first stage of copyright lawsuit:
"A music publisher that has accused Australian band Men at Work of stealing the melody to their 1980s smash hit "Down Under" from a campfire song won the first stage of its lawsuit on Thursday seeking royalties from the Aussie anthem.
A federal judge ruled that publisher Larrikin Music owns the copyright to the tune of "Kookaburra Sits in the Old Gum Tree" -- a Girl Guide favorite from New Zealand to Canada. The judge's ruling clears the way for a further hearing about whether Men at Work is guilty of copyright infringement.
Larrikin claims the distinctive flute riff in "Down Under" was copied from the refrain of "Kookaburra," a song about the native Australian bird written in 1934 by a teacher named Marion Sinclair for a Girl Guides competition. Sinclair died in 1988.
Lawyers for Men at Work's recording companies -- Sony BMG Music Entertainment and EMI Songs Australia -- reject that claim."
http://www.boston.com/ae/music/articles/2009/07/30/men_at_work_loses_first_stage_of_copyright_lawsuit/
"A music publisher that has accused Australian band Men at Work of stealing the melody to their 1980s smash hit "Down Under" from a campfire song won the first stage of its lawsuit on Thursday seeking royalties from the Aussie anthem.
A federal judge ruled that publisher Larrikin Music owns the copyright to the tune of "Kookaburra Sits in the Old Gum Tree" -- a Girl Guide favorite from New Zealand to Canada. The judge's ruling clears the way for a further hearing about whether Men at Work is guilty of copyright infringement.
Larrikin claims the distinctive flute riff in "Down Under" was copied from the refrain of "Kookaburra," a song about the native Australian bird written in 1934 by a teacher named Marion Sinclair for a Girl Guides competition. Sinclair died in 1988.
Lawyers for Men at Work's recording companies -- Sony BMG Music Entertainment and EMI Songs Australia -- reject that claim."
http://www.boston.com/ae/music/articles/2009/07/30/men_at_work_loses_first_stage_of_copyright_lawsuit/
Saturday, July 4, 2009
Video: Land Down Under ripoff claim; Sydney Morning Herald, 6/24/09
Video [1 min. 53 sec.]: Was Men at Work's Land Down Under ripped off children's classic 'Kookaburra Sits in an Old Gumtree'? Listen and see via Sydney Morning Herald; Land Down Under ripoff claim:
http://media.smh.com.au/national/national-news/land-down-under-ripoff-claim-601909.html
http://media.smh.com.au/national/national-news/land-down-under-ripoff-claim-601909.html
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