SYDNEY – Record company EMI on Thursday lost their appeal against a ruling that Australian band Men at Work’s iconic 1980s smash hit “Down Under” ripped off “Kookaburra Sits in the Old Gum Tree”. Last year, Australia’s Federal Court found the famous flute riff on ‘Down Under’ was lifted from the folk tune ‘Kookaburra,’ penned by Melbourne teacher Marion Sinclair more than 75 years ago for a Girl Guides competition.
The result left Kookaburra’s copyright owners, Larrikin Music, poised to claim millions of dollars in unpaid royalties from EMI and the band’s songwriters Colin Hay and Ron Strykert. In its appeal, EMI argued the riff was a form of tribute and that the similarities had gone unnoticed for years.
The appeal judges disagreed, saying there had been a clear “infringement of copyright” and ordered EMI to pay Larrikin’s costs on top of the royalties it owes. Larrikin Music were initially seeking 60 percent of proceeds from the 1981 pub anthem, but last July a judge at a separate hearing slashed that to five per cent.
‘Down Under,’ an unofficial Australian theme and jukebox staple worldwide, has sold millions of copies across the globe and was also the theme tune for the victorious 1983 Australian team in America’s Cup.
