Men At Work lose plagiarism case in Australia

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StageLeft

StageLeft

No Lifer
Sep 29, 2000
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Any resemblance is fleeting at best. Even told that it stole I just have a hell of a time finding out where.

The case that that other group made about Coldplay for stealing its song a couple years back now that I really can see, the song sounded uncannily similar, but this is lame.
 
Brainonska511

Brainonska511

Lifer
Dec 10, 2005
28,203
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JS80 said:
lol fail sounds nothing like it
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I agree.

In addition:

Larrikin Music had claimed the flute riff was stolen from Kookaburra Sits in the Old Gum Tree, written by Marion Sinclair in 1934.
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Why would this song still be under copyright? 70+ years is pretty freakin' ridiculous.
 
Don Vito Corleone

Don Vito Corleone

Elite
Feb 10, 2000
30,029
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Is there no statute of limitations in Australia? The Men at Work song came out 27 years ago! I can't imagine those guys still have much of the money they made from that song.
 
ProfJohn

ProfJohn

Lifer
Jul 28, 2006
18,161
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^ future income. They make money every time the song is played on the radio which is still a decent amount, plus musak etc etc.
 
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spittledip

Diamond Member
Apr 23, 2005
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The part that is the EXACT same is the "kookabera sits in the old gum tree." Take the first 10 notes of the flute solo from that clip. It is just in a different key and being played from a different mode. The intervals are exactly the same as is the measure of time of the notes. It sounds alot different between the 2 b/c of the different modes.

However, I don't think that Men At work should lose money over this. They used that incredibly inane song in a very clever way and made a very effective solo out of it. I think the writers of kukaberra owe men at work for making something good out of their crap.
 
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Brainonska511

Brainonska511

Lifer
Dec 10, 2005
28,203
12,894
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spittledip said:
The part that is the EXACT same is the "kookabera sits in the old gum tree." Take the first 10 notes of the flute solo from that clip. It is just in a different key and being played from a different mode. The intervals are exactly the same as is the measure of time of the notes. It sounds alot different between the 2 b/c of the different modes.

However, I don't think that Men At work should lose money over this. They used that incredibly inane song in a very clever way and made a very effective solo out of it. I think the writers of kukaberra owe men at work for making something good out of their crap.
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Is it a big deal then? I was under the impression that people sample beats and stuff from other songs all the time and don't pay royalties on the small part they sample.
 
S

spittledip

Diamond Member
Apr 23, 2005
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Brainonska511 said:
Is it a big deal then? I was under the impression that people sample beats and stuff from other songs all the time and don't pay royalties on the small part they sample.
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I don't think it is a big deal... but people who want to make money think it is. People "borrow" riffs in music all the time, this is nothing new. If everyone sued for stuff like this, lots of song writers would be in trouble.

I guess it depends on who you talk to. It really isn't blatant sounding, which to me, makes a big difference. I have to admit getting annoyed hearing certain riffs completely lifted by rappers sampling. Stuff like this makes me rethink that attitude a bit. It is a very different thing ultimately though- Rappers take the actual same recording, not just the mathematical sequence.
 
G

Genx87

Lifer
Apr 8, 2002
41,091
513
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5 notes is infringement? There have been so many songs created in the last 200 years it is impossible to not sample from another persons work by accident.
 
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