Remember that plagiarism beef Satriani had with Coldplay awhile back? Well, '80s Australian rockers Men at Work have found themselves on the receiving end of a plagiarism suit of their own, and they're not getting away quite as easily as Chris Martin did.
Earlier this week, an Australian court ruled that the popular '80s rock group lifted the flute riff (a phrase we never thought we’d write) to their worldwide 1983 smash “Down Under” from the melody of a children’s campfire song known as “Kookaburra Sits in the Old Gum Tree.” The song, written in 1935 by school teacher Marion Sinclair, was originally intended for use by the Girl Guides, Australia’s version of Girl Scouts. Sinclair’s publishing company, Larrikin, took ownership of the rights after she died in 1988 and have since gone after the band.
Australian Federal Court Justice Peter Jacobson said, “I have come to the view that the flute riff in ‘Down Under’…infringes on the copyright of 'Kookaburra' because it replicates in material form a substantial part of Ms. Sinclair's 1935 work.”
Men At Work’s lead singer Colin Hay actually admitted that band flautist Greg Ham unconsciously used two bars from the song for his riff. However, Hay claimed that the lifted notes were part of the "arrangement" as opposed to the "song," adding that, “I'll go to my grave knowing 'Down Under' is an original piece of work. It was a musical accident that happened.” Hay also acknowledged that the judgment could carry “some pretty serious financial repercussions.”
The parties will return to court February 25th, 2010 to discuss the terms of compensation. Larrikin claims they want up to 60% of royalties from the song, a sum that could reach into millions. (Though under Australian law, Larrikin can only claim royalties from the past six years.)
Take comfort Hay — at least you won’t lose 100% of the royalties like the Verve did for “Bittersweet Symphony.” Still, you might want to ring up Richard Ashcroft for moral support right about now.
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