Doesn't matter if they stole it or not. All musicians incorporate things by which they are influenced into their music. The song is its own entity, and one of the very best of that decade, imo. And for that matter, Kookaburra is a great song as well.
@MR87IROCZ I didn't even know Kookaburra had chords. I've only ever heard it sung a capella and (out of tune) by classrooms full of kids. Anyway, I suspect the case was about the melody, not the chords.
Thank you for the link, finalfour. I thot Larrikin was only going after Hay and Strykert. Ham played the flute riff however. I have to believe that the big-shots at Larrikin are proud of themselves.
Hello again, Sir Garence. Looks like the royalty will be 5% of all "Down Under" earnings-past and future. I'm reminded of the lawyer's strategy as follows-if you have the law on your side, argue the law. If you have the facts on your side, argue the facts. If you have neither just shout loudly and pound your fist a lot. I hope everyone affected is able to live with all aspects of the judgement. 5% is not just a drop in anyone's bucket. Next--5% of HOW MUCH? This thing STILL isn't over.
My understanding is that Larrikin only obtained the rights to the song quite recently, and even then many viewed it purely as a means to take MAW to court. I'm not sure who, if anyone, 'owned' the tune prior to that, and perhaps there was no-one that MAW could have cleared it with even if they'd wanted. It'll be interesting to see how this plays out.
Hello again, Sir Garence. Seems when this story broke many months ago M.A.W. tried to claim it was unintentional. Then they claimed the flute riff was meant as a "tip o' the cap." They included a few bars of an iconic Australian tune as a tribute. Larrikin could have nodded in polite acknowledgment but instead looked at it as a money-grab opportunity. MEN meant no harm but they should have secured an OK first. Royalty should be based on kookaburra seconds / total song seconds. Not 60%.
greetings, sir garence (sounds a bit medieval). Nice job splicing...you just made the case for Larrikin Music Publishing. A friend pointed out something I would never have noticed (for an American he is pretty well versed in things Australian). In the Down Under video Greg Ham is playing that infamous flute riff while sitting in a GUM TREE. Please check out my own audio take on this issue "kookaburra vs. Down Under" by foxmass58.
@foxmass58 Well done with your vid too! I'd never heard of the 'gumdrops' version before. Yeah I also noticed Greg Ham in the gum tree. I still think it's ridiculous that Larrikin are seeking 40-60% of royalties given that we're talking about maybe 10 secs from a 3:31 song.
Doesn't matter if they stole it or not. All musicians incorporate things by which they are influenced into their music. The song is its own entity, and one of the very best of that decade, imo. And for that matter, Kookaburra is a great song as well.
kaylasdaddy55 1 month ago
boring
timenstijn 11 months ago
this court thing is just a rip off scam, man at work stole nothing. if you listen to the chords of both songs you will see that they are different
MR87IROCZ 1 year ago
@MR87IROCZ I didn't even know Kookaburra had chords. I've only ever heard it sung a capella and (out of tune) by classrooms full of kids. Anyway, I suspect the case was about the melody, not the chords.
sirgarence 1 year ago
@MR87IROCZ you cant copyright a chord progression however since many songs have the same chords
brojkiller 1 year ago
Thank you for the link, finalfour. I thot Larrikin was only going after Hay and Strykert. Ham played the flute riff however. I have to believe that the big-shots at Larrikin are proud of themselves.
foxmass58 1 year ago
Hello again, Sir Garence. Looks like the royalty will be 5% of all "Down Under" earnings-past and future. I'm reminded of the lawyer's strategy as follows-if you have the law on your side, argue the law. If you have the facts on your side, argue the facts. If you have neither just shout loudly and pound your fist a lot. I hope everyone affected is able to live with all aspects of the judgement. 5% is not just a drop in anyone's bucket. Next--5% of HOW MUCH? This thing STILL isn't over.
foxmass58 1 year ago
@foxmass58 5% is enough for a house... gibson (dot) com/en-us/Lifestyle/News/men-at-work-0712/
finalfour2010 1 year ago
My understanding is that Larrikin only obtained the rights to the song quite recently, and even then many viewed it purely as a means to take MAW to court. I'm not sure who, if anyone, 'owned' the tune prior to that, and perhaps there was no-one that MAW could have cleared it with even if they'd wanted. It'll be interesting to see how this plays out.
sirgarence 1 year ago
Hello again, Sir Garence. Seems when this story broke many months ago M.A.W. tried to claim it was unintentional. Then they claimed the flute riff was meant as a "tip o' the cap." They included a few bars of an iconic Australian tune as a tribute. Larrikin could have nodded in polite acknowledgment but instead looked at it as a money-grab opportunity. MEN meant no harm but they should have secured an OK first. Royalty should be based on kookaburra seconds / total song seconds. Not 60%.
foxmass58 1 year ago
greetings, sir garence (sounds a bit medieval). Nice job splicing...you just made the case for Larrikin Music Publishing. A friend pointed out something I would never have noticed (for an American he is pretty well versed in things Australian). In the Down Under video Greg Ham is playing that infamous flute riff while sitting in a GUM TREE. Please check out my own audio take on this issue "kookaburra vs. Down Under" by foxmass58.
foxmass58 1 year ago
@foxmass58 Well done with your vid too! I'd never heard of the 'gumdrops' version before. Yeah I also noticed Greg Ham in the gum tree. I still think it's ridiculous that Larrikin are seeking 40-60% of royalties given that we're talking about maybe 10 secs from a 3:31 song.
sirgarence 1 year ago
The tunes are identical, and it's OBVIOUS. I don't know why people insist on acting like they're not the same damn thing.
jjlucash 2 years ago