June 26th, 2009 at 09:36am
The stuff which clogs up out courts…some days I just have to foam at the mouth and fail to produce sentences.
the classic children’s ditty Kookaburra and the Men At Work hit Down Under are set to go head-to-head in court amid accusations part of the rock anthem is a rip-off, The Daily Telegraph reports.
Music publishing company Larrikin owns the Kookaburra song and claims the melody that accompanies the line “Kookaburra sits in the old gum tree” is reproduced in Down Under. The case is due to start in full within days.
A fresh battle erupted yesterday, with lawyers for Down Under songwriters Colin Hay and Ron Strykert, and music giants Sony BMG Music Entertainment, Sony DADC Australia, EMI Songs Australia and EMI Music Publishing, claiming Larrikin doesn’t actually have copyright to Kookaburra – the Girl Guides do.
The entertainment giants, along with [Colin] Hay and [Ron] Strykert, have lodged a counter-claim against Larrikin alleging misleading or deceptive conduct.
The part of the Down Under song that is alleged to have breached copyright is the distinctive flute riff.
According to court documents, lawyers for the songwriters and the record companies will argue “the Down Under work does not incorporate the whole or any substantial part of the Kookaburra work”.
As this is before the courts, I should refrain from comment…I’ll just foam at the mouth in disbelief instead.