My friend Mike just brought this to my attention via an AP news report.
I’m not sure I even agree with these similarities but the judge has ruled. Australian rock band Men at Work has plagiarized the Australian nursery rhyme ”Kookaburra Sits In The Old Gum Tree“.
SYDNEY (AP) – A judge ordered Australian band Men at Work on Tuesday to hand over a portion of the royalties from their 1980s hit “Down Under,” after previously ruling its distinctive flute riff was copied from a children’s campfire song. . . “Kookaburra” was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song about the native Australian bird has been a favorite around campfires from New Zealand to Canada…
The following “Kookaburra” recording is from this collection of nursey ryhmes.
Linkin Park’s Shadow of the day (2007) vs U2’s With or without you (1987)
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Keith Reply:
July 13th, 2010 at 8:36 pm
Ah, great one! I’ll be sure to add it.
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dxman Reply:
July 14th, 2010 at 5:13 pm
And both have the same chord progression as…Down Under! (And about a zillion other songs.)
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Keith Reply:
July 14th, 2010 at 5:28 pm
If I’m not mistaken, the U2 bass line is good ‘ol “Pachelbel’s Canon”.
Wow. That’s one ridiculous judgmental. I easily hear the connection (though I never noticed the flute melody at all before!), but it’s much of more of a fleeting reference to song of national identity than it is copyright infringement. The Sinclair estate lawyers must be awfully good or Men At Work’s awfully bad.
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It’s rare for a song to still be under copyright after 70 years, though maybe copyright laws are different down under.
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