Aussie rockers Men at Work have lost the first round of a plagiarism case for the alleged illegal use of a popular children's tune in their smash hit 'Down Under'.
Bosses at Sydney-based music publishers Larrikin filed a lawsuit claiming the band's flute solo on the track sampled parts of the 'Kookaburra Sits In The Old Gum Tree' song, written by Australian Marion Sinclair for the Girl Guides in 1934.
The band's songwriters Colin Hay and Ron Strykert and music label executives at Sony BMG hit back at the claims, insisting Larrikin bosses don't own the rights to the Kookaburra song, and the tune was actually owned by the Australian scouting group.
But a judge has ruled the publishers do in fact own the rights to the song - making way for a full-scale plagiarism case.
Larrikin Music bosses are suing for breach of copyright and unpaid royalties.
Legal action was taken after the alleged similarities were mentioned during a televised music quiz show in Australia in 2007.
Lawyers for Men At Work and Sony BMG have denied the claims, and argue the copyright for the song was never signed over properly by Sinclair, who died in 1988.
A date for the next hearing is yet to be set.
WENN.com