Origins: Kookaburra - possible copyright info.

Subject: RE: Origins: Kookaburra - possible copyright info.
From: JohnInKansas
Date: 10 Feb 10 - 09:40 AM

There was a recent court decision on one of the well known Aussie tunes, possibly Kookaburra. A group included a break that "sounded like" the refrain in a new composition. The court ruled that they must pay "back royalties" for all recordings and all performances, to the tune (no pun intended) of some few hundred thousand dollars.

I believe the brief article appeared on the MSNBC news website about a week ago, but unfortunately I didn't save a note on it, and don't see it there now.

Does anyone have a better memory? (Or did anyone else see the same hallucination?)

John

Subject: RE: Origins: Kookaburra - possible copyright info.
From: JohnInKansas
Date: 10 Feb 10 - 10:31 AM

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

[quote]

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

[End quote]

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

John

Subject: RE: Origins: Kookaburra - possible copyright info.
From: The Fooles Troupe
Date: 06 Jul 10 - 12:06 AM

The Court has now deemed that 5% of the revenue is adequate compensation for the 'proved plagiarism'.

Subject: RE: Origins: Kookaburra - possible copyright info.
From: GUEST,Gerry
Date: 06 Jul 10 - 01:07 AM

Here's a link to the Sydney Morning Herald article on the compensation decision. http://www.abc.net.au/news/stories/2010/07/06/2945781.htm?section=justin

Subject: RE: Origins: Kookaburra - possible copyright info.
From: GUEST,Nony Mouse
Date: 07 Jul 10 - 11:08 PM

There was an interview with the founder of the label a while back. There is reference to an old South African tune and the Welsh tune is play at about 6:30 onwards.

http://www.abc.net.au/rn/breakfast/stories/2010/2813948.htm

Subject: RE: Origins: Kookaburra - possible copyright info.
From: GUEST,kate 102.0
Date: 07 Dec 10 - 06:47 PM

kookaburra sits on the flam
jumping up in down with his pants on fire
kill kookaburra!kill kookaburra!
i shot hem last week

Subject: RE: Origins: Kookaburra - possible copyright info.
From: Desert Dancer
Date: 07 Oct 11 - 06:02 PM

Men At Work Lose Kookaburra Copyright Suit (from Associate Press, on NPR)

October 7, 2011

In singing of Vegemite, they plundered a kookaburra.

Australian rockers Men at Work lost their final court bid on Friday to prove they did not steal the distinctive flute riff of their 1980s hit "Down Under" from another of the country's most famous songs, the children's campfire staple "Kookaburra Sits in the Old Gum Tree."

The High Court of Australia denied the band's bid to appeal a federal court judge's earlier ruling that the group had copied the flute melody from "Kookaburra," a song about an Australian bird whose call sounds like laughter. But because the lawsuit was filed only two years ago, the band won't have to give up royalties from its heyday.

"Down Under" and the album it was on, Business As Usual, reached No. 1 on the Australian, American and British charts in 1983, the year Men at Work won the Grammy Award for Best New Artist. The song remains an unofficial anthem for Australia, with lines such as "He just smiled and gave me a Vegemite sandwich," a reference to the yeast extract spread that is popular among Australians.

"Kookaburra" was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition. The song went on to become a favorite around campfires not just in Australia, but in the United States, Canada and New Zealand.

Sinclair died in 1988, but publishing company Larrikin Music which now holds the copyright for "Kookaburra" filed a lawsuit in 2009.

Last year, Federal Court Justice Peter Jacobson ruled that the "Down Under" flute riff replicated a substantial part of Sinclair's song. The judge later ordered Men at Work's recording company, EMI Songs Australia, and "Down Under" songwriters Colin Hay and Ron Strykert to give up 5 percent of future royalties, and of royalties earned since 2002.

The court didn't specify what the 5 percent penalty translates to in dollars. Larrikin wasn't able to seek royalties earned before 2002 because of a statute of limitations.

Lawyers for Men at Work's recording companies maintained that the band hadn't copied anything and had vowed to fight the ruling. But Friday's decision from the High Court ends the band's chance to appeal.

"Larrikin welcomes the decision and looks forward to resolving the remaining issues between the parties," Adam Simpson, a lawyer for Larrikin, said in an email.

the other Mudcat thread