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Australia - Source: ONE News -
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Men at Work's Colin Hay says he has "had better days" after a court found his band used part of a popular children's tune in its biggest hit.
Justice Peter Jacobson handed down his judgement in a Sydney court on Thursday and said the famous flute riff from the Aussie band's smash hit Down Under was unmistakably the same as Australian folk tune Kookaburra Sits in the Old Gum Tree.
The theft may cost the band millions of dollars in unpaid royalties.
Singer/songwriter Hay does not deny that the flautist, Greg Ham, used two bars of Kookaburra but he says it was a musical accident which ended up on the recording of the song.
"It is indeed true, that Greg Ham, (not a writer of the song) unconsciously referenced two bars of Kookaburra on the flute, during live shows after he joined the band in 1979, and it did end up in the Men At Work recording," Hay said in a statement on Thursday.
"It was inadvertent, naive, unconscious, and by the time Men At Work recorded the song, it had become unrecognisable."
The Kookaburra melody was penned more than 75 years ago by Toorak teacher Marion Sinclair for a Girl Guides competition.
Its copyright is now owned by Larrikin Music Publishing.
"It's all about money, make no mistake," Hay said.
"I believe what has won today is opportunistic greed, and what has suffered is creative musical endeavour.
"Clearly, I've had better days."
Larrikin Music is now set to get its hands on millions of dollars in unpaid royalties from music company EMI and Down Under songwriters Hay and Ron Strykert.
The parties will meet again on February 25 to discuss the findings and begin discussions about costs.
