Laugh, kookaburra! This is ridiculous – the continuing destruction of the historic idea that culture is passed from artist to artist to be riffed on foretells the death of culture. Do any of these people listen to jazz? What can we expect next – for owners of the rights to old Sci-Fi movies to sue Moore and Gibbons for their reproduction of movie posters in Watchmen? If Homer were alive today, would his fellow bards sue him for infringement? Probably. WIPO and ACTA (currently in negotiation, go to techdirt.com and michaelgeist.ca for daily updates) are attempts to completely stifle the flow of information globally. And as such, they will be widely ignored by the actual people who produce culture, and a lot of artists will end up in jail. (And a note on media synchronicity – is it mere coincidence that we see coverage of a pro-copyright case emerge from Australia hours after a case in which the MPAA got spanked?)
Flashback: Hollywood loses landmark copyright case in Australia | CBC’s new licencing plan: Pay to Print, Email, and Blog, and outsource enforcement to American Copyright Digital Rights Bounty Hunters | Internet companies voice alarm over Italian copyright law | Reading Between The Still Secret Lines Of The ACTA Negotiations | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | We’re no thieves — despite what Rupert Murdoch claims, says Google | Google allows publishers to limit free content | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | MPAA Says Critics of Secret Copyright Treaty Hate Hollywood | FOX News owner’s media empire could block Google searches entirely | More ACTA Details Leak: It’s An Entertainment Industry Wishlist | UK: Music filesharers ’spend the most on music’, says poll | UK Business Secretary sets date for blocking filesharers’ internet connections | The bait and switch: EU now to endorse internet disconnection for ‘piracy’ | UK: 70% oppose internet ban for filesharers, poll show | Judge in Pirate Bay Appeal Removed for Bias | MP Charlie Angus on copyright: industry lobby pulling for ‘dead business model’ | UK Government to consider internet disconnection policy, restrictions | Reuters Steps Up; Says Linking, Excerpting, Sharing Are Good Things For The News | Associated Press Tries To DRM The News | Should linking be illegal? | The dawn of Internet censorship in Germany | Pirate Bay Retrial Denied | Stockholm Court: Pirate Bay Judge ‘Unbiased’ | Next up for France: police keyloggers and Web censorship | France passes ‘three strikes’ Internet surveillance law | Pirate Bay lawyer calls for retrial after judge confirms ties to copyright groups | Jail terms for Pirate Bay founders, appeal in works | Canada Considering “Three Strikes and You’re Out” ISP Policy
February 4, 2010
SYDNEY–Australian band Men at Work copied a well-known children’s campfire song for the flute melody in its 1980s hit “Down Under” and owes the owner years of royalties, a court ruled Thursday.
“Kookaburra Sits in the Old Gum Tree” was written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition, and the song has been a favourite around campfires from New Zealand to Canada.
The teacher died in 1988, and publishing company Larrikin Music owns the copyright to her song about the native Australian bird. Larrikin filed the copyright lawsuit last year.
“I have come to the view that the flute riff in ‘Down Under’ … infringes on the copyright of Kookaburra because it replicates in material form a substantial part of Ms. Sinclair’s 1935 work,” Federal Court Justice Peter Jacobson said.
He ordered the parties back in court Feb. 25 to discuss the compensation Larrikin should receive from songwriters Colin Hay and Ron Strykert and Men at Work’s record companies, Sony BMG Music Entertainment and EMI Songs Australia.
Adam Simpson, Larrikin Music’s lawyer, said outside court the company might seek up to 60 per cent of the royalties “Down Under” earned since its release – an amount that could total millions.
The songwriters and their recording companies did not immediately comment.
“Down Under” and the album Business As Usual topped the Australian, American and British charts in early 1983. The song remains an unofficial anthem for Australia and was ranked fourth in a 2001 music industry survey of the best Australian songs. Men at Work won the 1983 Grammy Award for Best New Artist.
Source | See also under Media: Hollywood loses landmark copyright case in Australia | Police want backdoor to Web users’ private data | Time Magazine Pushes Draconian Internet Licensing Plan | UN agency calls for global cyberwarfare treaty, ‘driver’s license’ for Web user | CBC’s new licencing plan: Pay to Print, Email, and Blog, and outsource enforcement to American Copyright Digital Rights Bounty Hunters | ACTA One Step Closer To Being Done; Concerns About Transparency Ignored | Pentagon calls for ‘Office of Strategic Deception’ | Internet companies voice alarm over Italian copyright law | UK MPs frozen out of super-secret ACTA copyright talks | The Toronto 18 Publication Ban: Silence affects the core of justice | China Google Hack Exploited Security Gaps Introduced By State Surveillance Provisions | Obama Information Czar Calls For Banning Free Speech | China tells web companies to obey controls | Google Considers Leaving China If China Will Not Allow Uncensored Search | Reading Between The Still Secret Lines Of The ACTA Negotiations | Privacy no longer a social norm, says Facebook founder | Tipping point at CanWest | Canadian Supreme Court expands freedoms for media | China Imposes New Internet Controls | Death Of The Internet: Censorship Bills In UK, Australia, U.S. Aim To Block “Undesirable” Websites | Facebook Privacy Changes Break the Law, Privacy Groups Tell FTC | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | UN Goons Silence Journalist Who Questions Gore On Climategate | Australia introduces web filters | UK: From snapshot to Special Branch: how my camera made me a terror suspect | Vancouver orders removal of anti-Olympic mural | We’re no thieves — despite what Rupert Murdoch claims, says Google | UK: Photographer questioned under anti-terror laws for taking pictures of Christmas lights | Google allows publishers to limit free content | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | Border guards are now Olympic thought police — Amy Goodman detained | MPAA Says Critics of Secret Copyright Treaty Hate Hollywood | ACTA Threatens Made-in-Canada Copyright Policy | Google’s digitization of books | FOX News owner’s media empire could block Google searches entirely | Cuban blogger claims she was roughed up by state agents | H1N1 overplayed by media, public health: MDs | Auditor General Wields Crown Copyright To Demand Takedown of Public Report | More ACTA Details Leak: It’s An Entertainment Industry Wishlist | UK: Music filesharers ’spend the most on music’, says poll | No TV for tots under 2, says B.C. pediatrician | UK Business Secretary sets date for blocking filesharers’ internet connections | The bait and switch: EU now to endorse internet disconnection for ‘piracy’ | Globe appeal to protect adscam sources before court | CRTC allows network throttling as ‘last resort’, encourages pay per use, bandwidth caps | U.S. Spies Buy Stake in Firm That Monitors Blogs, Tweets | UK: 70% oppose internet ban for filesharers, poll shows | Ottawa won’t budge on secrecy laws | Government Propaganda To Infest Network TV Shows | Television — not in front of the children? | Anti-Olympic signs could net 6 months’ jail: rights group | UN Urges International Action on Cyber Security Threat | Think before you post, privacy czar says | Pulitzer winning anti-racism classic ‘To Kill A Mockingbird’ faces censorship in Toronto schools | Judge in Pirate Bay Appeal Removed for Bias | Case for Internet spying not closed | US ‘to loosen’ grip on internet | Ontario school boards face huge copyright bill for photocopying class material | Media hypes terror plot, despite the fact no one is charged with terror | Obama: We Need To Bailout Newspapers To Stop New Media Taking Over | U.S. moves to adopt 6 net neutrality rules | Canadian media watched closely in Afghanistan | Tech giants respond to Media with ideas on charging readers for news online | Six Days Left: Canadian Net Users Caught As Copyright Consultation Nears Conclusion | Chamber of commerce draws fire for backing Bell, Telus on Net reseller speed limits | It’s a great day for freedom of speech: ‘Hate Speech’ laws found to violate Charter Rights | Keeping Google out of libraries | Cyber Bullying Case Officially Dismissed for Vagueness | Sri Lanka journalist gets 20 years in jail for exposing state abuse | MP Charlie Angus on copyright: industry lobby pulling for ‘dead business model’ | Ottawa denies altering public’s ECopyright Consultation submissions | Security guards stop MPs, students from distributing fair use flyers at Toronto copyright townhall | Bush’s Search Policy For Travelers Is Kept | ACLU Sues US Department of Homeland Security over Border Laptop Searches | Facebook to make privacy changes, keep user data indefinitely if not deleted | UK Government to consider internet disconnection policy, restrictions | CRTC wants internet pricing answers from Bell | Reuters Steps Up; Says Linking, Excerpting, Sharing Are Good Things For The News |Former copyright lobbyist is Obama’s top pick for US Attorney | UK ISPs condemn Internet surveillance plans | Can The Public Be Heard On Copyright Issues? | Associated Press Tries To DRM The News | iPods, Internet won’t end dictatorship | Canadian defends anti-medicare ad | Copyright Consultation Launches: Time For Canadians To Speak Out | Third stab at copyright law ‘reform’ to kick off with consultations | Facebook violates privacy law: watchdog | Don’t regulate traffic management, Internet providers argue | French Senate passes revamped ‘anti-piracy’ bill | Lazy Hacker and Little Worm Set Off Korean Cyberwar Media Frenzy | 2010 Olympic security plans include ‘free speech’ zones | Net Neutrality hearings begin with conflicting claims | Federal website changes undermine Iraq resisters: critics | Internet speed control faces scrutiny at CRTC hearings | Murdoch CEO Labels Bloggers “Political Extremists” | Should linking be illegal? | Information commissioner quits, Ottawa chided for lacking ‘guts’ | Top court to hear ‘Adscam’ media gag order challenge | Pirate Bay Retrial Denied | Afghan Airstrike Video Goes Down the Memory Hole | ISPs must help police snoop on internet under new bill | The dawn of Internet censorship in Germany | ABC Turns Programming Over To Government to Promote State Healthcare Agenda | Twitter emerges as news source during Iran media crackdown | UK plans to integrate ‘cybersecurity’ centre with US, Canada | Prepare to be boarded! Pirate Party wins entry to European Parliament | Time to slay Canadian file-sharing myths | CRTC keeps new media exempt from broadcasting regulation | Canadian copyright lobbyists leaned on “independent” researchers to change report on file-sharing | China begins internet ‘blackout’ ahead of Tiananmen anniversary | UK chases Obama on cybersecurity | Cybersecurity Is Framework For Total Government Regulation & Control Of Our Lives | Think tank plagiarizes, pulls report on Canadian piracy | Obama Set to Create A Cybersecurity Czar With Broad Mandate | Top court reserves decision in reporter confidentiality case | Don’t let media shield ‘criminals’, hearing told | Supreme Court to rule on ‘tidal-wave’ of press freedom cases | Next up for France: police keyloggers and Web censorship | Our man at Bilderberg: Let’s salt the slug in 2010 | Guardian reporter detained for taking picture of sea near Bilderberg conference | Reversing himself, Obama seeks to block abuse photos | Canadian military to spam Afghan’s cell phones | Canadian Parliament Threatens People For Posting Video Of Proceedings Online | 2 Billion Infected? WHO Stokes Swine Flu Fear | EU wants ‘Internet G12ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â² to govern cyberspace | Political Lies and Media Disinformation regarding the Swine Flu Pandemic | Canada placed on USA copyright blacklist | National Post columnist covers architect’s presentation at 9/11 truth event | Fredericton police arrest well-known N.B. blogger on legislature grounds | Jail terms for Pirate Bay founders, appeal in works | Put NSA in Charge of Cyber Security, Or the Power Grid Gets It | Protests in Moldova Explode, With Help of Twitter | Aussies Announce $31B National Broadband Network | Should Obama Control the Internet? | Cybersecurity law would give feds unprecedented net control | Munk Centre researchers discover botnet, call for international cyberspace ‘legal regime’ | Ottawa considering aid for private broadcasters | ISOHunt points out Google, Yahoo torrent engines too | Obama Administration Claims Copyright Treaty Involves State Secrets | Internet ad tracking system will put a ’spy camera’ in the homes of millions, warns founder of the web | Australian web censorship plan to begin trial despite house opposition | US Bill proposes ISPs, Wi-Fi keep logs for police | Time to regulate online content, cultural groups tell CRTC | UK: Calling the police to account for anti-photography law | Do We Need a New Internet? | 24 star Keifer Sutherland opposed to torture, questions role of series in inspiring interrogations | Britain unveils plans for nationalized internet service | Publication ban law too broad, top Ontario court rules | Toronto School Board to ‘review’ The Handmaid’s Tale on one parent’s complaint | UK Culture secretary wants international age restrictions for web | Latest Round of Closed-Door ACTA Copyright Negotiations Wrap Up | CRTC Internet regulation proposals take shape | Afghan war boosts recruiting | Tribunal shouldn’t police online hate, report says | Bell can squeeze downloads, CRTC rules | Bad news bearers warned to zip it by Kremlin | UK MPs seek to censor the media | Copyright treaty consultation process snubs public | Australia to Implement Mandatory Internet Censorship | Microsoft patents web moderator robots, forbidden phrases to be memory-holed | US military targets social nets | UK Shortly to Become Worse Surveillance Society than Stasi East Germany | CRTC to consider Internet regulation, invites public comment | UK Security services want personal data from sites like Facebook | RCMP to helm a Canadian “cyber-security strategy” | Is an Internet tax coming? | Liberal candidate asked to step down over 9/11 comments | ‘Einstein’ replaces ‘Big Brother’ in Internet surveillance | Digital rights groups sue for access to secret ACTA treaty | Berners-Lee W3C Consortium to ‘Authorize’ Website Content? | Comedian begins asking Harper question, cuffed by RCMP | Critics waging a cyber offensive to fight copyright changes | Ezra Levant: How I beat the fatwa, and lost my freedom | Law Professor tells tech conference: plans to shut down Internet already on deck | Public left out of anti-counterfeiting trade talks | Vint Cerf blasts ISPs for choking off internet infrastructure | Bush approves surveillance bill | Bell’s internet throttling illegal, Google says | All speech is free in Canada except speech we happen to hate | Human rights body to consider Internet speech regulation | Blogger arrests hit record high | Net neutrality bill hits House of Commons | Information lockdown: How Harper Controls the Spin | Secretive Canadian spy agency to get $62-million HQ | CRTC revisits Internet oversight | Canada Considering “Three Strikes and You’re Out” ISP Policy | Ontario’s spooky thought police | Oilsands Censorship Story Casts Doubt On Neutrality Of CBC Reporting | Military warns soldiers not to post info on Facebook | Harper to create government-run media centre: report | 9/11 — the big cover-up? | Cheney Orders Media To Sell Attack On Iran | The Death of Canadian Journalism | The Lies that Led to War | Prepackaged News