A judge ordered Australian band Men at Work on Tuesday 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.
But the penalty — 5 percent of the song's royalties — was far less than the 60 percent sought by publishing company Larrikin Music, which holds the copyright for the song "Kookaburra Sits in the Old Gum Tree."
"Kookaburra" was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song about the native Australian bird has been a favorite around campfires from New Zealand to Canada.
Sinclair died in 1988.
The song's older than dirt and its author has been dead for 22 years. Copyright is out of control.
On the other hand, this gives me a reason to post another YouTube link!
For crying out loud, of COURSE the flute riff is Kookaburra. That’s the point, people.
On a tangential note, Greg Ham was the musician who influenced my decision to learn to play saxophone. (For whatever that’s worth.) Some guys were inspired by Sonny Rollins, or Bird, or Coltrane. Me, it’s “Who Can It Be Now.”
… though I’ll add, Greg Ham is claiming that he didn’t know he was quoting the children’s song.
I find that disingenuous. I don’t believe he was ignorant of his musical quote any more than George Harrison was.
I don’t believe he was ignorant of his musical quote any more than George Harrison was.
maybe his head was full of zombie at the time.
My 16 month old has a CD with Kookaburra on it for sing alongs (not that he can sing along).
Agree that copyright is out of control though.