Australian Court Rules that Men at Work’s “Down Under” Infringes Copyright Law
A roughly 11-note flute riff has proven the downfall of Men at Work, the group that released the 1980s chart topper, “Down Under.” Music Mix reports that a judge in Sydney, Australia held that the melody played by the band’s flutist throughout the hit single infringes on Kookaburra because it “replicates in material form” a substantial part of a children’s song originally written by Marion Sinclair in 1935. Ms. Sinclair died in 1988 and the publishing company, Larrikin Music, now holds the song’s copyright. Larrikin sued for unpaid royalties and have since won their claim. The suit was brought against the two principle songwriters in the group, as well as Sony BMG Music Entertainment and EMI Songs. The exact amount they will be compensated for is yet to be determined.
Colin Hay, Men At Work’s singer, released a statement in response to the Australian court’s decision stating that Greg Ham, the band member who is responsible for the flute lick, has “unconsciously referenced” the two bars of the children’s song and said that the reference was part of the song’s arrangement, rather than part of its composition. Mr. Hay further stated that his song “lives in my heart” and possibly lives in the hearts of his fans and that he would continue to claim it and would continue to play it, in spite of the ruling.
The story was also reported by the New York Daily News, which noted that Larrikin Music’s attorney stated that they would seek up to 60 percent of the royalties that the band had earned in the past 27 years. The song was immensely popular throughout Australia, the U.S. and Great Britain, with the band earning a Grammy in 1983, which means the final amount collected by Larrikin Music could be well into the millions.
Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm founded by... Michael Monheit→
