Busted!

[sabriel9v]

http://www.guardian.co.uk/world/2010/feb/04/men-at-work-song-theft

[Kramerguy]

 

The teacher died in 1988, and publishing company Larrikin Music owns the copyright to her song about the native Australian bird. Larrikin filed the copyright suit last year.

 

 

well that sucks. If the woman who wrote it didn't try to collect royalties, and then died in 1988, why NOW? How could nobody care for 22 years, then all the sudden, it's going to court?? Is Larrikin not making money anymore and grasping at straws like the rest of the big publishers?

 

Regardless, their label most likely made the majority of profit from the song, so maybe they should pony up the majority of the restitution. I dunno, slippery slope.

[Mcfontio]

 

well that sucks. If the woman who wrote it didn't try to collect royalties, and then died in 1988, why NOW? How could nobody care for 22 years, then all the sudden, it's going to court?? Is Larrikin not making money anymore and grasping at straws like the rest of the big publishers? Regardless, their label most likely made the majority of profit from the song, so maybe they should pony up the majority of the restitution. I dunno, slippery slope.

 

 

Really? What are you talking about, of course they care. There's money to be made (taken).

 

"Larrikin Music's lawyer, Adam Simpson, said outside court the company may seek up to 60% of the royalties earned by Down Under, an amount that could total millions."

[daddymack]

60% of the royatlies? Ridiculous. She is entitled to a mechanical license fee for the use of the flute line...plus interest going back to 1983.

[mfergel]

They mustn't have public domain after 50 years then Down Under???

[Nightwatchman9270]

NOt to mention, I am unfortunately all too familiar with the song MAW supposedly "ripped off" as I have a 19 month old who listens to the same Children's Cd over and over and over and....you get the point.

 

Anyway there might be 5-6 notes in that song that may be similar, if sped up, to the flute solo but it's a REAL stretch.

 

If they win, I think every single blues artist in America will have a clame to 80% of just about ANY rock song/solo made for the past half century. REAL slippery slope.

[Scafeets]

While I agree that the original riff was the hook in the Men at Work song, shouldn't there be some sort of stature of limitations on this sort of litigation?

[DShep228]

What I can't figure out is that since that song is apparently a popular children's song in Australia that was written over 50 years ago, and since Men at Work happen to be an Australian band and since I'm sure every member of the band grew up hearing it, if Down under was ripping off the part of the song, wouldn't they have known that back when they recorded it?

[daddymack]

yeah, they should have realized it, especially the flutist. The yca nwhine, claim it was an homae...and I don't know about Oz, but US copyright protection for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.

There are some confusing isses regarding protections prior to the re-write of the copyright laws, though, but the old 'rule of thumb' was 75 years.