A song which is renowned worldwide for its liberal use of Aussie stereotypes in its lyrics has also been found to also indulge in another Aussie stereotype – ripping other people off. A judge in the Federal Court in Sydney has ruled that Men At Work have to hand over 5% of the royalties from worldwide smash ‘Down Under’ after earlier ruling that it had plagiarised the old Aussie standard ‘Kookaburra Sits In The Old Gum Tree’.
Publishing company Larrikin Music which owns the copyright had been seeking 60% of the royalties from ‘Down Under’, despite the song barely using two bars of the melody. Judge Peter Jacobsen yesterday handed down a ruling ordering EMI and songwriters Colin Hay and Ron Strykert, to pay 5% of the royalties earned from the song since 2002 and the same cut of future earnings.
Larrikin were unable to demand royalties earned before 2002 due to a statute of limitations, and came in for a tongue lashing from the judge for being greedy. “I consider the figures put forward by Larrikin to be excessive, overreaching and unrealistic,” Jacobson wrote in his judgment. It is currently unknown what figure the 5% cut is worth, but it will be another unkind cut for EMI Australia, which according to recent financial results is only remaining solvent due to cash injections from its similarly ailing UK parent.
