Men At Work Lose Final Court Bid

The final bid by Grammy-winning Men At Work and EMI Music Australia to overturn a federal court decision last year that their hit song “Down Under” infringed copyright proved unsuccessful.

The High Court ruled Oct. 7 that the band could not appeal the earlier decision, which agreed with Sydney-based publisher Larrikin Music’s accusation that the song’s flute riff was taken from a 70-year-old Australian children’s campfire song, “Kookaburra Sits in the Old Gum Tree.”

Mark Bamford, a lawyer for EMI, called the high court decision “disappointing.”

Adam Simpson, who represented Larrikin, said he “looks forward to resolving the remaining issues between the parties.”

How much Larrikin Music will get remains a moot point.

“Down Under” was a No. 1 hit in 1982 in the U.S., Canada, the UK and Australia.

In Australia it is considered an unofficial national anthem, and played at major sports events.

But Federal Court Justice Peter Jacobson specified royalties only be calculated from 2002 and from future earnings, citing statute of limitations.

He also estimated that EMI and the song’s writers, Colin Hay and Ron Strykert, pay 5 percent of its royalties. Larrikin initially wanted 40 percent to 60 percent.

“Down Under” continues to be played on radio around the world, and was included in post-2002 movies including “Kangaroo Jack” and video games.

Recent cover versions have included those by U.S. bands Pennywise, The Sunbeams and B-Foundation, and UK’s Cranial Screwtop, Funeral Dress and Spunge.