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How to win and lose at the same time

Started by AFK, July 06, 2010, 05:40:18 PM

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AFK

The 80's rock group, Men at Work were being sued by the music company that owns the rights to the kids tune, "Kookaburra Sits in the Old Gum Tree". 

http://today.msnbc.msn.com/id/38106487/ns/today-entertainment/

I'm sure you all were forced to sing it as many times as I was in grade school music class. 

The charge was that Men at Work incorporated a bit of that tune into the flute line of their 80s hit, "Down Under".  This publishing company, Larrikin Music, was asking for 60 percent of royalties essentially from when it was released until today.

The judge has agreed that Men at Work did copy the riff and owe Larrikin royalties.  That is, they owe them 5%, and only royalties back to 2002.  Now, I'm sure the tune does still generate royalties as it has undoubtedly been incorporated into many 80s compilations since 2002, and probably some car commercials in Australia.  But it certainly isn't generating the bank it did back when it was a #1 song. 

And I have to say, I remember that Kookaburra song pretty well.  I can see where the flute notes from "Down Under" do seem to line up with Kookaburra, but it is definitely a huge stretch to be asking for 60%.  I don't think it defined "Down Under" THAT much. 

Anyway, I just think the overreach by Larrikin was rather hilarious with a rather hilarious outcome. 
Cynicism is a blank check for failure.

Cramulus

It's good to see some JUSTICE in the music industry. How will Larrikin Music continue to produce awful children's music if popular musicians keep STEALING their IP?

:troll: