Men At Work Kookaburra verdict

Wed 7th Jul, 2010 in Local News

Men At Work have been ordered to pay 5% of the royalties from their hit Down Under to Larrikin Music for breach of copyright.

The company bought the rights to the popular children’s song Kookaburra sits in the Old Gum Tree back in 1990 for just over $6000 and found themselves sitting on a goldmine when a judge ruled that the flute riff in Down Under was unmistakably similar to Kookaburra.

According to Men At Work’s Colin Hay, the group never sought copyright clearance because the flute riff was an “unconscious” reference to Kookaburra.

You could say that Men At Work got off pretty easy—Larrikin originally wanted 40-60% of the song’s royalties. The judge felt differently, stating, “In my opinion the figures put forward by Larrikin are over-reaching, excessive and in my view unrealistic.”

Of course, 5% of Down Under’s earnings is nothing to laugh about. The 1982 song reached number one on the Australian, British, and American musical charts. The total sum has not yet been calculated, but it is estimated to be a six-figure amount.