The Mudcat Café TM
Thread #90351   Message #2834967
Posted By: JohnInKansas
10-Feb-10 - 10:31 AM
Thread Name: Origins: Kookaburra - possible copyright info.
Subject: RE: Origins: Kookaburra - possible copyright info.
The above mentioned hallucination was about Kookaburra. It apparently wasn't "newsworthy" enough to stay up at MSNBC, but a search found:

Down Under: breach of Kookaburra copyright


After Larrikin Music proved last year that it owned the copyright in the song "Kookaburra Sits in the Old Gum Tree" its claim that two Men At Work recordings of the song "Down Under" infringe Larrikin's copyright in Kookaburra because both of those recordings reproduce a substantial part of Kookaburra (in a flute riff) has succeeded: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29.

After hearing evidence about the history of the Men At Work recordings and expert evidence on the musical notes in both songs, Judge Jacobson concluded that Down Under reproduced a substantial part of Kookaburra.

However the judge also commented that "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 that song."

Damages are to be assessed.

The case also considered whether two Qantas advertisements which contain an orchestral version of a part of Down Under breached Kookaburra's copyright: the judge concluded they did not.

Posted 5th February 2010 by admin in Legal

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An embedded link indicates you can see the Full Decision if interested.