Claims Men At Work hit Down Under is a rip-off of Kookaburra song

Daily Telegraph ^ | 25th June 2009 | Lisa Davies

[naturalman1975]

ONE'S a pub classic, belted out at top volume by tipsy patrons around closing time. The other is a more dignified affair, a favourite of youth choirs and choral groups.

Now, as unlikely as it seems, 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.

It dates back to 1934 when Toorak college teacher Marion Sinclair wrote the song for a Girl Guides jamboree in Victoria.

[naturalman1975]

Travelling in a fried-out combie
On a hippie trail, head full of zombie
I met a strange lady, she made me nervous
She took me in and gave me breakfast
And she said,

"Do you come from a land down under?
Where women glow and men plunder?
Can't you hear, can't you hear the thunder?
You better run, you better take cover."

Buying bread from a man in Brussels
He was six foot four and full of muscle
I said, "Do you speak-a my language?"
He just smiled and gave me a vegemite sandwich
And he said,

"I come from a land down under
Where beer does flow and men chunder
Can't you hear, can't you hear the thunder?
You better run, you better take cover."

Dying in a den in Bombay
With a slack jaw, and nothin' much to say
I said to the man, "Are you trying to tempt me
Because I come from the land of plenty?"
And he said,

"Oh, you come from a land down under?
Where women glow and men plunder?
Can't you hear, can't you hear the thunder?
You better run, you better take cover."

We are...

Livin' in a land down under,
Where women glow and men plunder,
Can't you hear, can't you hear the thunder?
You better run, you better take cover.

Livin' in a land down under,
Where women glow and men plunder,
Can't you hear, can't you hear the thunder?
Then I run, and then I take cover.

We are...

Livin' in a land down under,
Where women glow and men plunder,
Can't you hear, can't you hear the thunder?
Then I run, then I take cover.

[Catholic Iowan]

And they waited, what, 25, 26, 27 years to bring forth this claim? LOL!

[naturalman1975]

Listening to this song, which I do often, there's no doubt in my mind that the flute part is Kookaburra which I sung hundreds of times as a kid and any Australian kid would recognise. I'm surprised it's become a copyright issue at this point, but it's definitely in there.

I hope the Girl Guides get the copyright - because (1) they could do with any money they get and are a worthy group, and (2) I think they'd settle for a fair payment and wouldn't try to damage the later song.

[freedumb2003]

The song that taught the world that Vegemite is toxic and not for human consumption is a kiddie song.

Who knew?

[Attention Surplus Disorder]

Exceptionally weak claim. The rhythmic figure is the same, roughly, but Kookooburra is major and “Down Under” is minor.

And then there’s that 20+ year claim delay thingy.

[naturalman1975]

I learned that in an Australian boarding school...

Seriously, I don’t know anybody who went to an Aussie boarding school who can stand the stuff as am adult.

[Krankor]

http://www.youtube.com/watch?v=aPu-C5vvzU4

[freedumb2003]

>>Listening to this song, which I do often, there’s no doubt in my mind that the flute part is Kookaburra which I sung hundreds of times as a kid and any Australian kid would recognise. I’m surprised it’s become a copyright issue at this point, but it’s definitely in there.<<

I guess copyright law is different in Australia. If riffing from an existing song was illegal, there would be no Rap (which would be GREAT).

[naturalman1975]

I'm no musician - but Kookaburra is a classic, easily recognisable to any Australian. And it's absolutely obvious in Down Under. It's like Yankee Doodle in America - the precise aspects of musical code might not match, but you recognise it unmistakably when it's there.

It's also a tune that is played and sung in dozen of different ways around campfires and similar, picked out on whatever instrument is available, rather than one played to a strict rendition.

[dighton]

A petty dispute while stoned wallabies ravage the earth.

[naturalman1975]

I don’t have a clue about the actual law. It may be that it doesn’t matter if the tune was taken from Kookaburra. But if it does, it’s pretty obvious listening that there’s a case.

[Republic_of_Secession.]

Looks like someone waited all these years because they might now suddenly require the cash.

[JoeProBono]

[Attention Surplus Disorder]

What you say is true, but it doesn’t especially bear upon the copyright law aspects. There are people/organizations who own the copyrights on “Happy Birthday” and “White Christmas” and a zillion other “chestnut” tunes (including “Chestnuts Roasting on an Open Fire”) and if those tunes are performed or played for commercial purposes, you better believe an ASCAP or BMI or (whatever) organization might very well show up at your door and ask for a royalty. And get it.

As for the two tunes we’re talking about, the opening figure (the flute riff as heard in Down Under) that is the start of “Kookaburra” is one of two signature elements of that tune while it is a secondary “answer” or “B” portion in Down Under. As such, its importance to the success of to the DU tune is sketchy, IMO. But, you never know how these things will be argued or will work out.

Compared to the suit brought against George Harrison “My Sweet Lord” by The Chiffons “He’s So Fine” tune, those two tunes were indeed remarkably identical, the whole way through the tune. Ultimately, MSL was judged to be a 75% rip of HSF.

Minutiae: http://abbeyrd.best.vwh.net/mysweet.htm

If you read somewhat into the “minutiae” link I posted, the contention is that Geo Harrison used the melody from HSF “because he knew that it would work”. Uhh, yeah. BUT, it also turned out that MSL was one of the standout tunes from the album “All Things Must Pass” upon which it appeared and NONE of the other tunes generated a single. So...the settlement was pretty large because the plagarism of HSF, viewed in that context, could be viewed as an inordinately large part of ATMP’s success, which was modest, not blockbuster.

Frankly, I never noticed it (the KKB riff vs DU) until now. But that can happen, you can’t “unring” a bell once you notice it.

And then there’s that 20+ year delay thing.

[beaversmom]

Isn’t there some kind of statute of limitations on this? Holy cow, I was in highschool in the 80’s when it was a hit.

[ASOC]

And in a related note

The Kookaburra bird song is the ‘audio logo” for the delightful Radio Australia on ShortWave, easily copied here in Alaska. I listen to it while I am in rural AK, as any local stations tend to, well, provide gravity - if you know what I mean.

[Boiler Plate]

I remember the song as well from when my parents lived in Brisbane in the 60s.
While the flute is similar I think the courts have moved away from ruling in favor of plaintiffs in these cases. Pretty Woman was covered by Van Halen and courts found that even though the name and lyrics were the same the song had been significantly changed enough that the copyright had not been violated.

[WKUHilltopper]

Exactly my thought. Must had an account managed by “Madeoff” and looking for some way to recover losses.

[lmr]

This goes all the way to Outback Steak House, I’m sure. These ‘power brokers’ have been conspiring against Vegemite and kicking defenseless baby koalas for years. All from the security of their bunker under World Trade Center #7. The Men at Work song is actually an hypnotic chant which encourages dingoes to eat babies.

When we capture these ‘war criminals’, we will force them to box kangaroos, clean wallaby dung and (worse than waterboarding) force them to watch cricket matches through perpetuity.

[Lancey Howard]

This reminds me of when Paul Simon got accused of ripping off the arrangement for Scarborough Fair from some UK folk singer. The fact is many, many songs are inspired (at the very least) by songs that came before.

Whenever you hear about a lawsuit like Allen Klein’s (successful!) suit against George Harrison for turning ‘He’s So Fine’ into ‘My Sweet Lord’, you know there’s personal animosity or general vindictiveness behind it.

In today’s litigous society, I’m surprised there’s not a whole lot more of this. Sheesh, I’m an old dude who hears “old” songs in half of the “new” originals (ie., not covers) I hear every time I turn on the car radio. I’m waiting for Stephen Stills to sue Snow Patrol for turning ‘Mr. Soul’ into ‘Shut Your Eyes’.