Patent Law

Men at Work's "Down Under" stolen from Australian teacher

By Lawrence B. Ebert, Esq.

But Australia's Federal Court ruled on 4 Feb 2010 that part of the song's melody came from the children's ditty "Kookaburra Sits in the Old Gum Tree," written 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition.

BBC notes:

Norm Lurie, owner of Larrikin Music who filed the case, said it highlighted "the importance of checking before using other people's copyrights."

Larrikin Music had claimed Down Under's famous flute riff was stolen from the Girl Guides song, Kookabura, written by Marion Sinclair in 1934.

There is text:

"It was inadvertent, naive, unconscious... by the time Men At Work had recorded the song, it had become unrecognisable."

Ask George Harrison about "My Sweet Lord."

Full post as published by IPBiz on February 05, 2010 (boomark / email).