Australian band Men At Work has been ordered to pay for compensation after losing a plagiarism case where the court ruled that the 1983 hit track ‘Down Under’ was stolen from a popular children’s song in Australia.
The 1981 flute riff was found to have been plagiarised from the 1934 children’s rhyme ‘Kookaburra Sits in the Old Gum Tree’, which was written by Marion Sinclair for a Girl Guides Jamboree performance in 1935, claimed Larrikin Music. Since then, ‘Kookaburra Sits in the Old Gum Tree’ has been a song known by generations of schoolchildren in Australia.
Larrikin is seeking between 40 to 60 percent of earnings from songwriters Ron Strykert and Colin Hay, as well as record firms EMI Songs Australia and Sony BMG Music Entertainment. A costs hearing is scheduled later this month.
There is no specific amount of payment as of yet although Larrikin’s lawyer, Adam Simpson, said it could amount to 60% of the song’s income. He said that “It’s a big win for the underdog” after the results came out.
Men At Work’s ‘Down Under’ became a number one hit in Australia, the UK and the US after its debut in 1983. It was also played in the closing ceremony of the 2000 Sydney Olympics. The song is about an Australian traveller taking a trip around the world. It also references the food spread, Vegemite, which is popular in Australia.
