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Men At Work lose Kookaburra appeal

Sydney - Record company EMI on Thursday lost their appeal against a ruling that Australian band Men at Work's iconic 1980s smash hit Down Under ripped off Kookaburra Sits in the Old Gum Tree.

Last year, Australia's Federal Court found the famous flute riff on Down Under was lifted from the folk tune Kookaburra, penned by Melbourne teacher Marion Sinclair more than 75 years ago for a Girl Guides competition.

The result left Kookaburra's copyright owners, Larrikin Music, poised to claim millions of dollars in unpaid royalties from EMI and the band's songwriters Colin Hay and Ron Strykert.

Theme tune

In its appeal, EMI argued the riff was a form of tribute and that the similarities had gone unnoticed for years.

The appeal judges disagreed, saying there had been a clear "infringement of copyright" and ordered EMI to pay Larrikin's costs on top of the royalties it owes, Australian Associated Press reported.

Larrikin Music were initially seeking 60% of proceeds from the 1981 pub anthem, but last July a judge at a separate hearing slashed that to 5%.
Down Under, an unofficial Australian theme and jukebox staple worldwide, has sold millions of copies across the globe and was also the theme tune for the victorious 1983 Australian team in yachting's America's Cup.

The song, which also featured at the close of the 2000 Sydney Olympics, pays tribute to Vegemite sandwiches and a land where "beer does flow and men chunder (vomit)".
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