Found yourself humming Men at Work’s "Down Under" to lull your child to sleep? Don’t worry, you didn't spend too much time listening to your parents' CDs – the '80s hit is copied from a well-known childrens' campfire song.
A court ruled Thursday that the Australian band used the melody of "Kookaburra Sits in the Old Gum Tree", popular with children around the world, in its chart topping hit "Down Under", a decision that leaves the famously costumed singers owing the owner of the original years of royalties – a figure that could amount to millions.
Members of "Men at Work" pose with their Grammy for best new artist at the awards show in Los Angeles in this Feb. 22, 1983 file photo. From left: Greg Hamm, Ron Strykert, Colin Hay, Jerry Speiser and John Rees. Australian band Men at Work copied a well-known children's campfire song for the flute melody in its 1980s hit "Down Under" and owes the owner years of royalties, a court ruled Thursday Feb. 4, 2010. "Kookaburra Sits in the Old Gum Tree" was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song has been a favorite around campfires from New Zealand to Canada.
AP Photo, File
AP
News That Stunned Us
Members of "Men at Work" pose with their Grammy for best new artist at the awards show in Los Angeles in this Feb. 22, 1983 file photo. From left: Greg Hamm, Ron Strykert, Colin Hay, Jerry Speiser and John Rees. Australian band Men at Work copied a well-known children's campfire song for the flute melody in its 1980s hit "Down Under" and owes the owner years of royalties, a court ruled Thursday Feb. 4, 2010. "Kookaburra Sits in the Old Gum Tree" was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song has been a favorite around campfires from New Zealand to Canada.
The wreckage of a Cessna plane is raised in Huanta, Iquitos, Peru Thursday, April 25, 2001 in the Amazon River after a Peruvian air force jet that mistook it for a drug flight gunned it from the skies Friday. American missionary Veronica "Roni" Bowers and her 7-month-old daughter Charity were killed in the April 20 attack. Footage obtained recently by ABC News shows the CIA was complicit in the attack due to poor communication and bungled intelligence. CIA operatives sat back and watched the attack unfold.
A photo of Christian missionaries Roni and Jim Bowers and their children, Cory and Charity, taken just a few weeks before their small plane was shot down over the Amazon River in Peru in April 2001.
Two Alberta boys found dead this week in their home were victims of homicide, police said. RCMP confirmed Wednesday that Connor and Jayden McConnell, aged 2½ and 10 months, died in their home in Millet, Alta., about 40 kilometres south of Edmonton.
Photo taken from webcam of internet page www.st.peter-ording-nordsee.de shows the beach of St. Peter-Ording on Wednesday, Feb. 3, 2010. Police say a woman watching the sunset on a webcam spotted a German man lost on the frozen North Sea and probably saved his life by alerting police. Police spokeswoman Kristin Stielow said Wednesday that the man was walking on the ice near St. Peter-Ording in the northernmost part of Germany when he became disoriented. He used a camera to flash for help. That got the attention of a woman hundreds of miles away in southern Germany who was watching the sunset over the sea on her computer. The woman contacted police who located the man. Police said the incident happened last week without giving more details. The man was in his forties and visiting the region. Stielow said that he could have easily frozen to death or fallen through the ice.
"I have come to the view that the flute riff in 'Down Under' … infringes on the copyright of Kookaburra because it replicates in material form a substantial part of (Marion) Sinclair's 1935 work," Federal Court Justice Peter Jacobson said.
"Kookaburra Sits in the Old Gum Tree" was originally written by Australian teacher Marion Sinclair for a Girl Guides competition 70 years ago. The publishing company Larrikin Music now owns the copyright to the song and filled a lawsuit against Men at Work last year.
The Associated Press reports that Larrikin Music is planning to seek up to
60 per cent of the royalties
"Down Under" earned since its release.
Prime Minister Stephen Harper holds a case of Yuengling beer presented to him outside his home by U.S. Ambassador David Jacobson. The beer was part of a wager the PM had with President Obama on the outcome of the Olympic gold medal hockey game which Canada won.
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