It’s interesting how claimants in musical copyright cases often come out of the woodwork some time after the alleged infringement took place. In 2005, British band Procol Harum were successfully sued by their former organ player Matthew Fisher for 40% of the rights to their 1960s classic Whiter Shade of Pale (In 2008 a judge ruled Fisher too late to receive royalties). More recently, it’s been the turn of Aussie rockers Men at Work to answer to copyright’s long reaching grasp, all the way from the 1930s in this case. This week, Australian publishing group Larrikin Music successfully brought a claim for up to 60% of the income gained by the group from their 1983 hit Down Under, after a federal court in Sydney ruled them to have plagiarized a Girl Guides’ song, Kookaburra Sits In The Old Gum Tree, written in 1934 by Marion Sinclair and sung by Guides ever since. Larrikin Music are now seeking seeking 40 to 60 per cent of earnings from Men at Work songwriters Ron Hay (who has strenuously denied any conscious wrongdoing) and Ron Strykert, as well as record labels Sony BMG and EMI. A cost hearing for the case is set for late February, and it may come as some relief to Men at Work that under Australian law the claimants will only be able to claim back royalties from the last six years, considering the additional costs associated with these sorts of cases.
