Ron Strykert, rhythm guitarist, is a good friend of mine. He said they did not copy the flute riff from “Kookoobura”, but admits it is similar, but only coincidental.
I simply cannot believe that. Especially as the video clip has the flautist sitting in a gum tree as he plays it (”Kookaburra sits in an old gum tree.”)
I do think there’s a real question as to whether or not the presence of the riff in the song is significant enough to comprise plagiarism - it’s not a major feature of the song at all - but it’s very easy to hear at that point.
I simply cannot believe that. Especially as the video clip has the flautist sitting in a gum tree as he plays it (”Kookaburra sits in an old gum tree.”)
I do think there’s a real question as to whether or not the presence of the riff in the song is significant enough to comprise plagiarism - it’s not a major feature of the song at all - but it’s very easy to hear at that point.
Very hard to prove if a riff is stolen, unless it's perfectly obvious (and even then the evidence is circumstancial).
The one that comes to mind for me is Lionel Ritchie's "Mighty Glad you Stayed" (or whatever the hell it was called) having Clapton's "Wondeful Tonight" riff, albeit with a little effect and in a different key.
It's possible. I play the Renaissance lute, and I know of at least two pieces from the sixteenth century that open exactly like later works. One is "The Earl of Derby's Galliard," whose opening is exactly the same as "When the Saints Go Marching In." The other is a Vihuela piece titled "Pavana de Alexandra," whose opening is nearly a dead ringer for "Deck the Halls with Boughs of Holly."
A lot of song copying goes on unintended by the composer, who pursues a melody he conceives as original, but is subconsciously from another song. I have written two full songs in the past couple years that turned out to be generously borrowed from “Independence Day” and “That’s What I Like About Sunday” One even made it on our CD efore I realized the similarities.
IIRC, only the second half of the riff sounds like "Kookoobura", but it appears that was enough.
Back when that song was released (and given the lyrics), I figured that part of the melody was an homage to some old Australian folk tune. I recognized it, but didn't recall its name (I'll bet it was featured years before on some U.S. children's show such as Captain Kangaroo.
Uh oh... I hope "The Captain" had his stage name cleared through the network legal department.