Men At Work lose plagiarism case over Girl Guides' song

Men At Work stand to lose up to 60 per cent of the income gained from their 1983 hit 'Down Under', after a court ruled it had plagiarised a Girl Guides' song written in 1934.

Sydney's federal court ordered compensation to be paid to music publisher Larrikin Music, who own the rights to 'Kookaburra Sits In The Old Gum Tree', which was written by Marion Sinclair for a Girl Guides Jamboree. The 1934 song has been sung by Girl Guides for decades since then.

However, in a statement, songwriter Colin Hay has denied any wrongdoing. He admitted two bars of 'Kookaburra Sits In The Old Gum Tree' are part of the "arrangement" of 'Down Under', but not of the "composition" itself, reports the Herald Sun.

"It is indeed true, that Greg Ham (not a writer of the song) unconsciously referenced two bars of 'Kookaburra…' on the flute, during live shows after he joined the band in 1979, and it did end up in the Men At Work recording. What's interesting to me, is that Mr Lurie is making a claim to share in the copyright of a song, namely 'Down Under', which was created and existed for at least a year before Men At Work recorded it. I stand by my claim that the two appropriated bars of 'Kookaburra' were always part of the Men At Work "arrangement", of the already existing work and not the "composition".

A costs hearing for the case is set for late February, with Larrikin Music seeking 40 per cent to 60 per cent of earnings from Men At Work songwriters Hay and Ron Strykert, as well as record labels Sony BMG and EMI, reports BBC News.

Under Australian law they can claim the last six years of royalties.

Larrikin Music claimed that the flute riff from 'Down Under' was stolen from 'Kookaburra Sits In The Old Gum Tree'. Adam Simpson, a lawyer for the Larrikin Music, said the ruling was "a big win for the underdog".

'Down Under' topped the singles charts in the UK, US and Australia.