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

Settled as Yes

Australian Grammy-award winning band Men at Work may have to pay millions of dollars in compensation after a court ruled a section of the famous 1980s hit, "Down Under," was plundered from a popular folk song.

Background:

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
50%
No
50%
Settled as Yes on Thu 4th Feb 4:01am PST

Suspend date: Fri 30th Jul 12pm PST (18 weeks to go)
Settlement date: Thu 4th Feb 4:01am PST

Initial likelihoods: Yes: 50%

Action history:

Created Thu 30th Jul 2009 9:38am PST by ghostbuster
Suspended Wed 3rd Feb 11:50pm PST by kruijs[Power User]: Suspended pending settlement
Settlement requested Wed 3rd Feb 11:50pm PST by kruijs[Power User]: Please settle "Yes":

Australia's "Down Under" band rapped for plagiarism

http://www.reuters.com/article/idUSTRE6130NX20100204 (market suspended)
Settled as 'Yes' Thu 4th Feb 4:01am PST by jenniandboys[Admin]: Australian Grammy-award winning band Men at Work may have to pay millions of dollars in compensation after a court ruled a section of the famous 1980s hit, "Down Under," was plundered from a popular folk song.

Suspend date: Fri 30th Jul 12pm PST (18 weeks to go)
Settlement date: Thu 4th Feb 4:01am PST details

 

Predictions (20)

9 weeks ago
distantquasar predicted No (H$50 at 52%)
21 weeks ago
craig814 predicted Yes (H$50 at 47%)
21 weeks ago
schnerbazoink predicted No (H$100 at 53%)
24 weeks ago
casehandler predicted Yes (H$20 at 47%)
26 weeks ago
raym823 predicted No (H$20 at 51%)

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 33 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 33 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 32 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 32 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 32 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 24 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 21 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 20 weeks ago

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