Here’s Trouble Brief Blogs for 2010-02-23
- The greatest American hero – 67 year old Vietnam veteran Thomas Bruso defends himself against a hooligan on the bus: http://bit.ly/9fyahX #
Here’s Trouble Brief Blogs for 2010-02-09
- "Green" Prius car turns out be be extremely expensive for Toyota: http://bit.ly/c7s4Ns #
- Investigation by Guardian newspaper suggests that climategate scientist Phil Jones concealed flaws in Chinese data: http://bit.ly/bZxtxh #
- Religious discrimination by Australian government – refuses funding for atheist conference: http://bit.ly/9zJo3s #
- Indian who claimed to be a victim of a racist attack by white Australians turns out to be an insurance fraudster: http://bit.ly/9lUSjU #
Men At Work Should Pay Minimal Damages For Using “Kookaburra” Riff in Hit Song
In a recent court case, the Australian rock band “Men At Work” were found to have infringed on the copyright of a famous Australian folk song, “Kookaburra Sits in the Old Gum Tree”, by using the melody as an accompanying flute riff in their hit song “Land down under”.
The lawsuit was launched by a company named Larrikin Music, who had purchased the rights to the Kookaburra song in 1990, following the death of its original creator Marion Sinclair – a music teacher, who wrote the song in 1934 for use at a Girl Guide jamboree.
Here are some media links:
- http://news.ninemsn.com.au/entertainment/1008582/spicks-and-specks-silent-after-down-under-ruling
- http://www.theaustralian.com.au/news/arts/larrikin-music-publishing-snares-land-down-under-royalties/story-e6frg8n6-1225826893478
I have been asked what I think of this.
The fact is that copyright law is very clear on the rules concerning the use of other people’s copyright works. Colin Hay, the lead singer of Men at Work, has confirmed that the flute riff was a homage from “Kookaburra sits in the old gum tree”. If Larrikin Music are the legal owners of the copyright, they have a case in law. The question is how much should they pay in royalties. To determine what is correct, we should consider the following:
1. The song “Land Down Under” was released by Men at Work in 1981. The creator of the original song, Marion Sinclair, never raised any complaints when she was alive. The song was very popular, and no doubt if she felt that it infringed on her rights, she would have said something.
2. It took 20 years for any members of the public to find a connection between both songs. Indeed, Larrikin Music only became aware when it was mentioned on the ABC TV music game show “Spicks and Specs” in 2008 , so one could hardly argue that the connection between the songs was obvious or significant.
3. The copyright was purchased by Larrikin Music in 1990, from the South Australian public trustee, following the death of Sinclair in 1988. According to media reports, they paid several thousand dollars for the song and now Larrikin music have suggested that they want to be paid between 40-60% of the royalites on Men At Work’s song in compensation. This certainly reeks of cheap opportunism.
4. Marion Sinclair did not enforce her copyright on the song, effectively letting it be sung without restrictions, leading to the song to come to be known in Australian society like a traditional ‘Aussie folk song’. It is sung regularly by children in schools who have never been asked to pay for royalties.
For these reasons, it is my opinion that Men at Work did infringe on the copyright, but any royalties should be limited to a token payment.
Here’s Trouble Brief Blogs for 2010-02-02
- Britain facing decade of economic pain: http://bit.ly/63tn9h #
- Younger investors becoming more risk averse than older investors: http://bit.ly/9gyvRs #
- Scientists create brain cells (neurons) from skin cells, offer hope to Alzheimers and Parkinsons patients: http://bit.ly/90fGRh #
- Why google finally stood up to China: http://bit.ly/dAQxFX #
- Amusing ourselves to death – Brave New World vs 1984: http://bit.ly/cWFfy1 #
- Israel issues first official response to Goldstone report on Gaza: http://bit.ly/9TtRw0 #
- Date that high school geek! If you don't, you may be passing up an awesome opportunity: http://bit.ly/bLDLFD #
- NSW Labor government promises new, simplified ticketing system for Sydney: http://bit.ly/cVNiaD #
- Lots of tips on dealing with abusive, sociopathic bosses: http://bit.ly/6ZVdCg #
- An excellent guide to defemation law (and its pitfalls) in Australia: http://bit.ly/65F8Be #
- How to save money on the web by setting up alerts for discount coupons: http://bit.ly/bzUpGM #
- Definitive guide to Palladium investing: http://bit.ly/dtywbv #
- Australia's cheapest oceanfront suburbs: http://bit.ly/6WNrtT #
- Aussies pay most globally for SMS text messages: http://bit.ly/6uFsjv #
- 16 year old muslim girl from Bangladesh sentenced to 101 lashes for becoming pregnant after being raped: http://bit.ly/ccavts #
