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Men At Work copyright case - PROTEST NOW!
We're organising a mass protest against the Larrikin Music vs. Men At Work court decision. Join now and the kookaburra may not have the last laugh.
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Our article 'Copyright case - songwriters to lose $MILLIONS!' has caused a bit of a stir, generating a mass of comments.
Almost all comments strongly support the writers of the song Down Under against the claims of Larrikin Music, which is looking to grab 40-60% of the song's earnings in a copyright infringement claim.
But commenting isn't going to get us anywhere.
PROTEST IS!
Well perhaps.
This is what we are going to do...
Instead of commenting on the case, we would like you to write and record a song.
Your song should a) express your opinions on the case, and b) contain the same quote from the Kookaburra song that can be heard in Down Under.
Your song may mention Down Under, Men at Work, Larrikin Music and Marion Sinclair, and of course kookaburras and gum trees.
Your song MUST NOT infringe Men At Work's copyright, and must not quote any more of the Kookaburra song than is included in Down Under.
Encode your song into AAC or MP3 and email it to newsletter@recordproducer.com. Don't forget to tell us the title and the name(s) of the writer(s).
We will publish every entry we receive in RecordProducer.com
We will also send the songs to major national newspapers and broadcasters in the USA, UK, Canada, New Zealand, and of course Australia.
Oh, and Larrikin Music and Men At Work too!
We may also consider putting the songs on YouTube, so if you can send a photo of yourself, that will help.
Bear in mind that you may be exposing yourself to legal risk in doing this. We will not be able to help you or pay any damages for you. The decision to send us a song is entirely your reponsibility.
Having said that, we regard this exercise as fair comment, and to be able to make a point it will be necessary to quote the Kookaburra song.
We will offer to Larrikin Music, at their request, the same percentage of advertising revenue we receive that is directly attributable to publication of these songs in RecordProducer.com as they are awarded in respect of the Men At Work case.
So get to work you men, and women... the closing date for entries is Thursday next week (February 25, 2010).
By the way, we're not anti-copyright here. We just want to see a sense of proportion applied.
P.S. If anyone is an expert in Australian law and can tell us where we can find out the date of the hearing to determine the amount of damages to be paid to Larrikin music, we would be very pleased to hear.
Publication date Monday February 22, 2010
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Discussion on this article's topic...
Annabelle, Eugene, Oregon, United States
If you ask me, from a singer/songwriter's point of view, there's not enough similarity to warrant a copyright infringement.? Per a video on Youtube which I've listened to, "Kookaburra" is in a major key,
in this case C-Major. "Down Under" is in B-Minor. And, How can they compare a flute with a recording of a children's choir? I can tell you this right now, if Colin Hay and the members of Men At Work are reading this, I'm on your side. I'm with you all the way, mates. I love you, you sweet Australians! This is your ticket to a reunion! You're brilliant!
in this case C-Major. "Down Under" is in B-Minor. And, How can they compare a flute with a recording of a children's choir? I can tell you this right now, if Colin Hay and the members of Men At Work are reading this, I'm on your side. I'm with you all the way, mates. I love you, you sweet Australians! This is your ticket to a reunion! You're brilliant!
Saturday April 17, 2010
Ken Randall, West Australia, Australia
Its great looks like the case is being appealed yippie its not all over yet thank God let us little people win copy right has gone pathetic
Thursday February 25, 2010
Ken Randall, West Australia, Australia
Yes I join the protest...Its all about such a few notes...Artists with no money to take matters to court have had their whole song ripped off. If I go la la la in a desending scale that is part of a famous song. Means I get sued for useing those three notes... Scales are scales and songs are slight variations... No one has the right to own a few notes...There is so few of them.
Monday February 22, 2010
Bruce, Durban, South Africa
Hopefully another greedy lawyer is scanning Larrikin's back catalogue for "plagiarism" and they will be sued to death- which is what they deserve. If they bring down the music industry it is only fitting that they be brought down themselves.
Saturday February 20, 2010
Marc, Kijkduin, Holland
I strongly protest. This is all about the big money. Why now and not when Men at Work pubslished the song???
Today it seems that making it in the musicindustry is about making money, NOT by making music.
I listened to both songs ( if you can call "Kookaburra sits" a song ).
I don't get it, only 12 total notes are the same. I now many other songs who share more then 12 notes that are the same. Larrikin stood up 30 years ago.
Today it seems that making it in the musicindustry is about making money, NOT by making music.
I listened to both songs ( if you can call "Kookaburra sits" a song ).
I don't get it, only 12 total notes are the same. I now many other songs who share more then 12 notes that are the same. Larrikin stood up 30 years ago.
Friday February 19, 2010
Leigh, Dublin, Ireland
I wholeheartedly concur with Anthony Linden Jones' comments below. Well said.
Monday February 15, 2010
Shelter Studios, Schaffhausen, Switzerland
Not being remotely Australian but very
interested in the outcome of this matter
We found a transcript of the ruling by
the court at this location:
http://www.austlii.edu.au/au/cases/cth/FCA/2009/799.html
The court is expected to decide on the
extent of damages that may be awarded
to Larrikin later this month. The date
of that hearing is unknown.
interested in the outcome of this matter
We found a transcript of the ruling by
the court at this location:
http://www.austlii.edu.au/au/cases/cth/FCA/2009/799.html
The court is expected to decide on the
extent of damages that may be awarded
to Larrikin later this month. The date
of that hearing is unknown.
Monday February 15, 2010
Ankie Keultjes , Eindhoven , Netherlands
This process will create a precedent, no musician will be safe from now on, how many songs have been written that ' quote' frases from pieces of music ( often the composer ins't even aware of this ). And why didn't Larrikin music go after Men at work when this old lady was still alive ?
It's definitely not in her best interest but a big company smelling big money .
It's definitely not in her best interest but a big company smelling big money .
Monday February 15, 2010
Anonymous
http://www.youtube.com/watch?v=l1Uq6AB_4hM&feature=player_embedded#
Above is a much clearer version of Kookaburra.
Listening to the song, and learning the song, I can hear part of the Kookaburra song repeated in key parts of Down Under. This is more like integrating a national melody in a song as a sense of honoring one's country.
For this reason - and not to say using a few notes is always ok (My Sweet Lord - Harrison), I stand with Men at Work: I believe they are not blatantly infringing Kookaburra. I do believe Men at Work ought to pay Kookaburra a small fee in line with what rappers owe artists when they sample music. US Laws on rappers sampling songs for profit are strict but don't break the bank.
Above is a much clearer version of Kookaburra.
Listening to the song, and learning the song, I can hear part of the Kookaburra song repeated in key parts of Down Under. This is more like integrating a national melody in a song as a sense of honoring one's country.
For this reason - and not to say using a few notes is always ok (My Sweet Lord - Harrison), I stand with Men at Work: I believe they are not blatantly infringing Kookaburra. I do believe Men at Work ought to pay Kookaburra a small fee in line with what rappers owe artists when they sample music. US Laws on rappers sampling songs for profit are strict but don't break the bank.
Monday February 15, 2010
Drew, Kc, Mo
Since there are only 12 total notes, it can reasonably be assumed that, by now, they have been arranged in every possible combination, therefore, all songs have already been written, and anything you can play has been played somewhere, by someone, before so quit now or be sued, music is finished!!!
Monday February 15, 2010
Joseph W Lattisaw, Kensington, USA
The other day I let my son, who is currently twenty years of age and not a fan of this era's music, listen to both songs. I was in shock after letting him hear the flute part of the song, which was inserted in Down Under, only once. Then I let him hear the same part in the Kookabuura song.
After stopping both videos, he stated, "its the same part dad, as in the other song entitled "Kookaburra." I asked, are you sure son? He repeated "yes dad, it's the same part."
I never affirm, or agree with his statement, but have to say, coming from a child's heart, maybe the part does belong to the writer.
Further, just because the song writer is dead, doesn't mean a person, or group of individuals, can come along years later and take parts from her song. That's why there are copy write laws in the first place. Copy writes abuse occurs every today from sharing and down loading music free of charge. The writers, who are sometimes starving Artist, receive absolutely no royalties for their works.
Back to the main event. I completely understand, there would be millions of dollars, Men at Work would have to pay back, but isn't this exactly the point? It wasn't their money in the first place. Men at Work have enjoyed their success at the expense of a little old lady's music, who passed away years ago. I think at the very least, Men at Work should recognize the lady for her achievements, as a songwriter. Men at Work are currently receiving a lot attention, but the wrong kind.
They are appearing to be Heartless.
After stopping both videos, he stated, "its the same part dad, as in the other song entitled "Kookaburra." I asked, are you sure son? He repeated "yes dad, it's the same part."
I never affirm, or agree with his statement, but have to say, coming from a child's heart, maybe the part does belong to the writer.
Further, just because the song writer is dead, doesn't mean a person, or group of individuals, can come along years later and take parts from her song. That's why there are copy write laws in the first place. Copy writes abuse occurs every today from sharing and down loading music free of charge. The writers, who are sometimes starving Artist, receive absolutely no royalties for their works.
Back to the main event. I completely understand, there would be millions of dollars, Men at Work would have to pay back, but isn't this exactly the point? It wasn't their money in the first place. Men at Work have enjoyed their success at the expense of a little old lady's music, who passed away years ago. I think at the very least, Men at Work should recognize the lady for her achievements, as a songwriter. Men at Work are currently receiving a lot attention, but the wrong kind.
They are appearing to be Heartless.
Monday February 15, 2010
Mark Mullen, Lancaster, Pa, USA
Most important to consider in this case is what are the statue of limitations. If the original copyright owner did not object and did not file suit, the transferred owner should not have the ability to file suit. "Kookabura" was written long before copyright was an issue. I agree Men at Work knew they were copying parts of a traditional song. However, they have their own song and only a portion of their song is "Kookabura". The court case should focus on the ability of the song to be without the infringed work and more importantly, the amount of time that has passed without anyone contesting the infringement and the fact the original copyright owner did not contest the infringement. This song is well known and could very easily have been contested upon its release. In the event Larrikin wins the appeal, it will cripple the music industry as we know and limit the creativity of musicians as a whole.
Monday February 15, 2010
Anthony Linden Jones, Kurrajong, Nsw, Australia
Bernard is quite correct - except on a minor point. Kookaburra is actually in 2/4 (8 bars long), whereas Down Under is in 4/4. Kookaburra is in a major key, Down Under is in a minor key (transposed relative minor, if you like).
Within the Copyright Act of Australia, since the signing of the Free Trade Agreement with the US (which, for Australia, is turning out to be quite an expensive trade agreement), there is provision of parody/quotation/homage. This case should have been viewed as homage.
It is entirely appropriate that a song chock-full of Australianisms should pay tribute to an Australian tune well-known throughout the English-speaking world.
The fact that nobody noticed the connection for almost 30 years until it was outed on a TV game show (Spicks and Specks on ABC-TV) highlights how the new context changes your perception of the tune - I think that is bloody clever, actually. It is innovation such as this which helps a culture develop - the action should be applauded, not criminalised.
Within the Copyright Act of Australia, since the signing of the Free Trade Agreement with the US (which, for Australia, is turning out to be quite an expensive trade agreement), there is provision of parody/quotation/homage. This case should have been viewed as homage.
It is entirely appropriate that a song chock-full of Australianisms should pay tribute to an Australian tune well-known throughout the English-speaking world.
The fact that nobody noticed the connection for almost 30 years until it was outed on a TV game show (Spicks and Specks on ABC-TV) highlights how the new context changes your perception of the tune - I think that is bloody clever, actually. It is innovation such as this which helps a culture develop - the action should be applauded, not criminalised.
Monday February 15, 2010
Graham Bartlett, Cambridge, UK
Re the size of the original song as mentioned by Bernard, "Kookaburra sits" actually has 4 lines, each of 2 bars. Quoting two bars makes this a quarter of the song in total, and this usage is split up over the song. I'm no lawyer so I couldn't say whether this was legally a significant quotation, but it certainly isn't half the song as Bernard says.
Monday February 15, 2010
Daza, London, UK
I bet you have never had your songs ripped off by thieves. theft is never good! Stop trying to seem 'cool' to teenagers recordproducer.com. Youll be wearing a baseball hat backwards next, Grow Up !
Monday February 15, 2010
Bernard, Adelaide, Australia
Carlos, it's not a slight similarity.
The first bar of the flute introduction is original, the second bar is a direct quote (either intentional or otherwise) of the first bar of "Kookaburra sits in the old gum tree", the third bar is again original and the fourth bar is the second bar of Kookaburra.
Unfortunately for Men at work, the song "Kookaburra sits in the old gum tree" only has four bars of music. Copyright law (in my understanding) allows you to use small portions of other composer's music but half a song is definitely using a significant slice and I can totally understand why the judge ruled against the band in this case. Had the Kookaburra song been significantly longer the outcome, quite likely, would have been much different.
Having said that, asking for 40-60% of the royalties is really drawing a long bow, in my opinion. Although the flute line is a nice hook, (and definitely borrows half of the Kookaburra song) it's really the lyrics and the music of the rest of the song (which has no relation to the Kookaburra song) that have made "Down under" such a big hit for MAW.
I think if anyone creates a song using the same quotes from "Kookaburra sits in the old gum tree" as MAW used in "Down Under" he or she will be equally liable for copyright infringement as MAW have found themselves. You are using half of a song. That is definitely a significant quotation and, in my humble opinion, would certainly (as the judgement has already shown) be a breach of copyright. Larrikin would no doubt love to take others to court and feather their nest further. I personally would advise against anyone composing such a "protest" while using the same quotations of Kookaburra unless you want to pay Larrikin as well.
The first bar of the flute introduction is original, the second bar is a direct quote (either intentional or otherwise) of the first bar of "Kookaburra sits in the old gum tree", the third bar is again original and the fourth bar is the second bar of Kookaburra.
Unfortunately for Men at work, the song "Kookaburra sits in the old gum tree" only has four bars of music. Copyright law (in my understanding) allows you to use small portions of other composer's music but half a song is definitely using a significant slice and I can totally understand why the judge ruled against the band in this case. Had the Kookaburra song been significantly longer the outcome, quite likely, would have been much different.
Having said that, asking for 40-60% of the royalties is really drawing a long bow, in my opinion. Although the flute line is a nice hook, (and definitely borrows half of the Kookaburra song) it's really the lyrics and the music of the rest of the song (which has no relation to the Kookaburra song) that have made "Down under" such a big hit for MAW.
I think if anyone creates a song using the same quotes from "Kookaburra sits in the old gum tree" as MAW used in "Down Under" he or she will be equally liable for copyright infringement as MAW have found themselves. You are using half of a song. That is definitely a significant quotation and, in my humble opinion, would certainly (as the judgement has already shown) be a breach of copyright. Larrikin would no doubt love to take others to court and feather their nest further. I personally would advise against anyone composing such a "protest" while using the same quotations of Kookaburra unless you want to pay Larrikin as well.
Monday February 15, 2010
Carlos, Sl, Br
I have listened to both songs - the "Man at work" obviously I knew from a long time. There is a light similarity on the line of the flute and the song Kookaburra, but not so much. I think that is is not the case of copying a song.
Monday February 15, 2010
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