Sean Michaels, (London) Guardian; Men at Work flautist may sell house after copyright ruling: Musician responsible for Down Under flute riff fears he may be forced to sell his home to pay legal costs and royalties:
"One of the most successful flautists in pop may have to sell his house. Greg Ham, the manwho [sic] helped Men at Work's Down Under to the top of the charts, fears this week's copyright ruling will force him literally out of house and home. According to an Australian judge, Men at Work must pay 5% of the song's royalties to the publishers of a classic children's song.
"At the end of the day, I'll end up selling my house," Ham explained to the Age newspaper. Thanks to his contentious flute riff, the Men at Work multi-instrumentalist currently receives a small percentage of the song's royalties; but not, he claims, for long. "We'll face massive legal costs ... I'll never see another cent out of [Down Under] again."
On Tuesday, 21 years after Down Under was recorded, judge Peter Jacobson ruled the distinctive flute part had been copied from the Girl Guides campfire tune Kookaburra Sits in the Old Gum Tree. They must now pay back royalties starting from 2002, when a statute of limitations begins.
Ham still denies that the campfire classic had any impact on his playing. "I was looking for something that sounded Australiana – that's what came out," he said. "It was never Kookaburra Sits in the Old Gum Tree ... no one detected [the resemblance] – I didn't detect it and I played the fucking thing."
"Music's always been about referring to what's already in our culture," he insisted. Not only has Kookaburra now milked one of the flautist's main cash cows, but Ham complained that it has taken over the legacy of Down Under. "It will be the way the song is remembered and I hate that," he said. "I'm terribly disappointed that it's the way I'm going to be remembered – for copying something."
http://www.guardian.co.uk/music/2010/jul/09/men-at-work-flautist
Showing posts with label music's always been referring to what's already in culture. Show all posts
Showing posts with label music's always been referring to what's already in culture. Show all posts
Friday, July 9, 2010
Tuesday, July 6, 2010
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
"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
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