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Men At Work's 'Down Under' In Court Battle
Posted on: Thursday - Jul 30, 2009



Music company Larrikin is suing iconic band Men at Work in the Federal Court for allegedly ripping off a section of the children's song Kookaburra Sits in the Old Gum Tree in the flute solo of Down Under.

A Federal Court judge has ruled that Larrikin did in fact own the rights to the "Kookaburra" score, which was penned by teacher Marion Sinclair for a Girl Guides Jamboree in 1934.

Lawyers for Men at Work argued that the copyright was never properly signed over by Sinclair and still belonged to the Girl Guides movement, which would render the case invalid.

They said that Men at Work's Colin Hay and Ron Strykert did not plagarise the distinctive flute riff in "Kookaburra", and accused Larrikin of deceptive conduct.

But the judge said Larrikin had properly acquired the copyright in 1990, clearing the way for a hearing into whether the Aussie rock outfit were indeed guilty of plagiarism

The Men at Work song was a worldwide hit in the early 1980s, becoming the theme tune for the victorious Australian team in the 1983 edition of yachting's Americas Cup.

It featured also at the close of the 2000 Sydney Olympics.

If successful, Larrikin will be entitled to untold thousands in unpaid royalties, and compensation for breach of copyright from both Men at Work and music labels Sony BMG and EMI.

Larrikin executives say they were spurred into action after a music quiz show on Australian television raised the alleged similarities during a program in 2007.



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