Men at Work flautist has heard the thunder; Sydney Morning Herald, 7/7/10

Patrick Donovan, Sydney Morning Herald; Men at Work flautist has heard the thunder:

"THE man at the centre of Men at Work's copyright dispute is shattered that the famous song and his reputation have been tarnished.

''It has destroyed so much of my song,'' flute player Greg Ham said.

His refrain in Down Under was found to have reproduced a ''substantial part'' of the Guides' campfire anthem Kookaburra Sits in the Old Gum Tree.

''It will be the way the song is remembered and I hate that,'' he said. ''I'm terribly disappointed that that's the way I'm going to be remembered - for copying something.''

Justice Peter Jacobsen yesterday ordered the song's composers, Colin Hay and Ron Strykert, and its publisher EMI to pay publisher Larrikin Music 5 per cent of Down Under's future profits, as well as royalties dating back to 2002.

Larrikin Music holds the copyright for the original Kookaburra melody, which was written more than 75 years ago by Toorak teacher Marion Sinclair.

The ruling is for substantially less than the 50 per cent royalty cut sought by Larrikin.

Mr Ham, who receives a small percentage of the song's royalties, said the decision ''could have been worse''.

''If it had been backdated to the '80s that would have been wrist slashing stuff,'' he said.

''I'll never see another cent out of that song again. We'll face massive legal costs.

''At the end of the day, I'll end up selling my house.''

He said he was still ''flabbergasted'' by the ruling of plagiarism.

''No one detected it - I didn't detect it and I played the f---ing thing.''

''I was looking for something that sounded Australiana - that's what came out - it was never Kookaburra Sits in the Old Gum Tree.

''Music's always been about referring to what's already in our culture.''

He attacked the case as a ''massive waste of money and energy'' and said publishers would now be less likely to take on young songwriters.

''This whole copyright issue needs to be dealt with.

''Musicians are unaware of their rights, and they need to be able to cover themselves.''"

http://www.smh.com.au/entertainment/music/men-at-work-flautist-has-heard-the-thunder-20100706-zyzu.html

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

Down Under riff based on folk song, court hears; Sydney Morning Herald, 10/27/09

Joel Gibson, Sydney Morning Herald; Down Under riff based on folk song, court hears:

http://www.smh.com.au/news/entertainment/music/down-under-riff-based-on-folk-song-court-hears/2009/10/27/1256405382225.html

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/

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