Men At Work face repaying millions for plagiarising song

Alistair Foster12 April 2012

Eighties chart-toppers Men At Work face repaying millions of pounds in royalties after a judge ruled that a section of their hit Down Under was plagiarised from a children's song.

Australia's federal court said the flute melody in Down Under was the same as the 1934 Girl Guides' song, Kookaburra Sits In The Old Gum Tree, penned by teacher Marion Sinclair.

The rights are owned by publishing firm Larrikin Music, which wants to recoup up to 60 per cent of the royalties made by Men At Work songwriters Colin Hay and Ron Strykert and EMI music.

Judge Peter Jacobson said: "The flute riff in Down Under in the 1979 and 1981 recording infringes on the copyright of Kookaburra, because it replicates in material form a substantial part of Ms Sinclair's work."

The two sides will meet on 25 February to begin talks about costs.

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