EMI to pay 5% of royalties for Down Under riff

A judge in Sydney has ordered the Australian band Men at Work to hand over a portion of the royalties from their 1980s hit Down Under, after previously ruling its distinctive flute riff was copied from a children's campfire song.

EMI is to hand over 5% of all royalties earned from Men At Work’s Down Under to independent music publisher Larrikin Music following the ruling.

The company alleged that Men At Work's most famous track used a segment of the famous Australian children's folk song Kookaburra Sits In The Old Gum Tree without permission and that they were due a cut of the royalties as a result.

Larrikin had originally asked for 60% of the royalties generated by the 80s hit, however the judge hearing the case says he "considered the figures put forward by Larrikin to be excessive, overreaching and unrealistic.”

It remains to be seen if EMI continue to appeal the original 'Down Under' ruling given the relatively modest royalty share awarded to Larrikin. Whether they do may depend on whether Larrikin appeal the royalty share judgment.