Copyright madness infects Australia

The CNN writeup is more balanced, but the BBC's better highlights the outrageousness of the underlying issues:

The Australian band Men at Work are facing a big legal bill after a court ruled it had plagiarised a Girl Guides' song in its 1983 hit, Down Under.

Larrikin Music had claimed the flute riff from was stolen from Kookaburra Sits in the Old Gum Tree, written by Marion Sinclair in 1934.

"Stolen" and "plagiarized" clearly do not apply here. What has the world come to, when you are not allowed to make a quick bow to an iconic and now-traditional Australian melody in a song about being Australian? This was just a quick riff, an allusion and tribute of the sort that has enriched music since time immemorial. But now that tip of the hat is being repaid with lawsuits, leaving everyone the poorer.

The federal court in Sydney ordered compensation to be paid.

That amount has yet to be determined but Larrikin's lawyer said it could reach 60% of income from the song.

The decision is bad enough, but 60% would be an outrage. This isn't a case involving the central melody, or any lyrics.

"It's a big win for the underdog," said Larrikin's lawyer Adam Simpson after the judgment.

That's pretty rich.

Sinclair, who died in 1988, wrote the song for performance at a Girl Guides Jamboree in 1935.

Kookaburra Sits in the Old Gum Tree has since been sung by generations of Australian schoolchildren.

And American, as well. Wonder if they'll be trying to collect royalties from the kids next.

Posted by David on February 4, 2010 9:13 AM