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Men At Work loses court case

Posted by: 3AW and Fairfax | 4 February, 2010 - 11:26 AM


ABOVE: Neil Mitchell and Jane Holmes discuss and compare the Men At Work song with the 1934 song related to the court case.

Have your say below the news article or vote in the poll on the 3AW.com.au home page.

UPDATE (3AW News): Lawyers representing Larrikin Music say they believe the company is entitled to as much as 60 per cent of the earnings of the Men at Work hit Down Under.

The Federal Court has today ruled the group used part of the riff from Kookaburra Sits In The Old Gum Tree, whose rights are owned by Larrikin Music.

Managing Director of Simpson Solicitors Adam Simpson says after the court win they're now moving on to the next stage of the case.

REPORT (Kim Arlington - SMH Court Reporter): Men at Work's number one hit Down Under reproduced a "substantial part" of the children's folk tune Kookaburra Sits In the Old Gum Tree, infringing copyright in the song, a Federal Court judge found today.

Larrikin Music, which owns the copyright to the song Kookaburra, is now entitled to recover damages - potentially a huge sum - from band members and their record company.

Larrikin alleged that the band's famous flute riff came from the children's tune, written in 1934 by school teacher Marion Sinclair.

The court has heard that Ms Sinclair had entered the competition calling for entrants to submit a song in the round, a short story, a poem or a picture that could be used for a Christmas card. Competition details were printed in a circular and the official Girl Guide magazine Matilda, stating that all material entered would become property of the Girl Guide Association of Victoria.

Larrikin claims it had won a tender for the copyright for Kookaburra from the South Australian Public Trustee in 1990, after Ms Sinclair died.

Legal action was launched by Larrikin's managing director, Norman Lurie, in 2007 after the television show Spicks And Specks raised the alleged similarities.

Larrikin sued band members and record company EMI seeking backdated royalties and a share of future profits.

Down Under topped the charts in Australia, the US and Britain and is an unofficial anthem for Australians everywhere.

After a hearing in the Federal Court last year, Justice Peter Johnson delivered judgment today.

"I have come to the view that the 1979 recording and the 1981 recording of Down Under infringe Larrikin's copyright in Kookaburra because both of those recordings reproduce a substantial part of Kookaburra," he said.

"I am also of the view that Larrikin is entitled to recover damages ... for the infringements.

"Nevertheless, I would emphasise that the findings I have made do not amount to a finding that the flute riff is a substantial part of Down Under or that it is the "hook" of the song.

Damages will be calculated at a future hearing.

Kim Arlington is a Herald Court Reporter.

- with Bellinda Kontominas

Blog comments Your Say

  • The judicial decision is nonsense.The flute riff is only a very minor part of the song.If you removed it from the song it wouldn't make a significant difference.Surely the legislation was not intended for use in this sort of context.This is just opportunistic greed.

    Jill Wednesday 10 February, 2010 - 7:29 AM

  • Hope Justice Peter Johnson is not getting a cut !!!!

    Andy King Tuesday 9 February, 2010 - 8:38 AM

  • I totally agree with Andrew Kerr. He's hit the nail on the head. Verdict should be overturned. Larriken does't deserve a cent.

    joan stamp Monday 8 February, 2010 - 2:28 PM

  • This guy from Larrakin is obviously involved in the business ofv "investing" in litigation. Buy a song cheap and then parasite off the person who makes something remotley similar a hit. I hope I don't come up infront of that judge.. Smells of something fishy.

    Andrew Kerr Monday 8 February, 2010 - 2:20 PM

  • What an appalling , disgusting court decision, Larrikin music did not write the piece either, just purchased the rights to it solely for monetary gain. I also heard that the teacher who did write the piece never received anything for it.
    What kind of useless crooked idiots have we got ruling in courts these days?
    Larrikin music you can go to hell, creeps, yes lets boycott anything they have control over

    Jan Monday 8 February, 2010 - 1:07 PM

  • Another stupid judgement by our inept judicial system. Sure the riff is identical but the heart and body of the songs are poles apart. Lets hope the appeal and get a common sense judgement. But thats more cost again.

    alexas Monday 8 February, 2010 - 12:57 PM

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