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Did "Men at work"steal the melody for the song "Down under"?

Background: A music publisher that says Australian band Men at work stole the melody from a childrens song in hit Down under has won the first stage of a court battle.
Larrikin claims the flute riff from the 1981 hit is stolen from Kookaburra Sits in the Old Gum Tree, written by Marion Sinclair for the girl guides

Settlement details:As reported by a major mainstream news source.

 
Forecast history %
Yes
49%
No
51%
Question suspends in 35 weeks

Suspend date: Fri 30th Jul 2010 12pm PST (35 weeks to go)

Initial likelihoods: Yes: 50%

Action history:

Created Thu 30th Jul 9:38am PST by ghostbuster

Suspend date: Fri 30th Jul 2010 12pm PST (35 weeks to go) details

 

Predictions (19)

4 weeks ago
craig814 predicted Yes (H$50 at 47%)
4 weeks ago
schnerbazoink predicted No (H$100 at 53%)
7 weeks ago
casehandler predicted Yes (H$20 at 47%)
9 weeks ago
raym823 predicted No (H$20 at 51%)
10 weeks ago
ghostbuster predicted Yes (H$50 at 49%)

Comments (8)

Haha now that you mention it - I think you're right, that flute riff is definitely kookaburra sits in the old gum tree - i'd never noticed....
posted 16 weeks ago
i am humbled that someone as wealthy and successful as yourself has graced my Newbie question with a comment. How did no one notice? It's got to be 20 years old i guess it's all in the hands of the lawyers now
posted 16 weeks ago
Heh thanks for the ego boost, wealthy AND successful :) You've done some good newbie work getting your q's to the front page so fast. Isn't there some musical rule that u can only get sued if you stole more than 15% of the song?
posted 16 weeks ago
Great!, i wasn't aware i'd had a front page Q. In answer to the 15% thing, you may be correct,however, the KooKaburra song only contains 5 lines sung over and over and over and over again as i recall? So if they stole the flute bit, tha'ts 20% anyway, i think.
posted 15 weeks ago
Yap your lego house was the top question for a few days there, and now it seems to have spawned a bunch of other questions too...hmmm i didnt realise kookaburra only had five lines but i certainly cant think of any others...its not really a song then, more like a musical limerick? But yes you're right then, 20% it is and men at work are in deep trouble...
posted 15 weeks ago
Here is the overlay of the two songs. This is ridiculous. I don't think they sound close at all. Watch and listen. You'll have to start the video when the link opens.

http://www.theage.com.au/national/riff-row-leaves-men-at-work-up-a-legal-gum-tree-20090625-cx5i.html
posted 7 weeks ago
What happens if there's no judgement on whether they stole the melody at all? For example, what if the case is dismissed because that publisher is found to not own the rights? Is that a judgement of "no" or a void question?
posted 4 weeks ago
@ schnerbazoink

Federal Court judge Peter Jacobson ruled in July that Larrikin did in fact own the rights to the "Kookaburra" score, which was penned by teacher Marion Sinclair for a Girl Guides Jamboree in 1934, clearing the way for the Federal Court hearing
posted 3 weeks ago

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