Australian band Men At Work are being sued by a music publisher who claims their 1983 hit 'Down Under' plagiarises a song originally written for the Girl Guides.
Publisher Larrikin Music claims the flute riff from the 1981 hit is stolen from Kookaburra Sits in the Old Gum Tree, written by Marion Sinclair for the Girl Guides in 1934.
Larrikin Music is suing record labels Sony BMG and EMI for breach of copyright, as well as seeking royalties from the song.
The band dispute Larrikin's claim that it bought the song's copyright in 1990. But a judge in Sydney has ruled that the publisher does own the song, clearing the way for a plagiarism case.
The publisher began the action after the alleged similarities were pointed out in a music quiz programme shown in Australia in 2007.
No date has been set for the next hearing.
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1 comment:
The court was told "Kookaburra Sits in the Old Gum Tree is
a distinct and memorable Australian melody" ?
NOT AT ALL.
It is Welsh.
The same tune as the very very old Public Domain Welsh folk song "Wele ti'n eistedd aderyn du?" NOT owned by Larrikin/Festival records Australia.
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