Sunday, September 2, 2018

In February 2010 Larrikin Music Publishing won a case against Hay and Strykert, their record label (Sony BMG Music...

In February 2010 Larrikin Music Publishing won a case against Hay and Strykert, their record label (Sony BMG Music Entertainment) and music publishing company (EMI Songs Australia) arising from the uncredited appropriation of "Kookaburra", originally written in 1932 by Marion Sinclair and for which Larrikin owned the publishing rights, as the flute line in the Men at Work song, "Down Under".Back in early 2009 the Australian music-themed TV quiz, Spicks and Specks, had posed a question which suggested that "Down Under" contained elements of "Kookaburra".

Larrikin, headed by Norman Lurie (now retired), then filed suit after Larrikin was sold to another company and had demanded between 40% and 60% of the previous six years of earnings from the song. In February 2010 the judge ruled that "Down Under" did contain a flute riff based on "Kookaburra" but stipulated that neither was it necessarily the hook nor a substantial part of the hit song (Hay and Strykert had written the track years before the flute riff was added by Ham). In July 2010 a judge ruled that Larrikin should be paid 5% of past (since 2002) and future profits. Ham took the verdict particularly hard, feeling responsible for having performed the flute riff at the center of the lawsuit and worried that he would only be remembered for copying someone else's music, resulting in depression and anxiety. Ham's body was found in his Carlton North home on April 19, 2012 after he suffered a fatal heart attack at age 58.

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https://en.wikipedia.org/wiki/Men_at_Work?wprov=sfla1