Adventures In Audio

Copyright case - songwriters to lose $MILLIONS!

Go on - sing a few bars of the Australian national anthem. No, not Waltzing Matilda, that other one.

No, not Advance Australia Fair. That's the official national anthem, chosen by the Australian people in 1977.

Without doubt however, Australia's real national anthem, the one that the rest of the world knows, is Down Under by the band Men At Work.

Down Under was released as long ago as 1983, but it has only recently emerged that it is a rip-off of another song, Kookaburra Sits In The Old Gum Tree, written by Marion Sinclair in 1934.

Thanks to an earlier decision in court, the copyright in Kookaburra is now owned by Larrikin Music. Sinclair died in 1988.

It does seem a bit odd that Down Under was released forty-nine years after Kookaburra was written and it was twenty-six years before Larrikin Music noticed that there is something of a similarity between the two songs!

You want to hear it, so here goes. Firstly Down Under (listen for the flute phrase around the 53 second mark)...

And now Kookaburra...

I'll leave it to you to judge a) whether there is indeed a similarity, and b) whether Down Under is a complete rip off, or whether it merely references a tiny piece of pre-existing Aussie culture.

But since the court has decided that the copyright in Kookaburra has been infringed, then legally it has been infringed.

And that means the infringer has to pay.

The amount that will have to be paid has yet to be determined, but Larrikin Music is, apparently, expecting 40-60% of the earnings of Down Under.

Now that is a hell of a lot of money, potentially running into millions of Aussie dollars.

To be fair, the writers of Down Under, who kicked off the process of generating those millions of dollars, have given the world a lot of pleasure. They have generated business for many, many people, and they are entitled to their share of the rewards.

But surely by now most of their money will have been spent? How are the writers going to be able to pay back the 40-60% Larrikin Music expects?

But there's a further problem that affects any songwriter...

Now that it has been upheld in court that such an infinitesimally tiny fragment of a melody constitutes copyright infringement, you can be sure that anyone in the future who makes any money from a song will get their arse sued off.

'Arse' is UK English for 'Ass', by the way.

And what about the ongoing development of automated software that scans media of all kinds for infringements? That little musical phrase you put in the middle eight of your song that features on your MySpace page will be found to exist in someone else's earlier work. You'll get sued, the writer of the pre-existing work is probably dead, their publishers rake in the profit and the lawyers celebrate with another bottle of vintage champagne.

If you support the idea that creativity should be rewarded, then probably you will feel that Marion Sinclair does deserve a share of the proceeds of Down Under.

Well she won't get any because she is dead. But since copyright extends beyond death, then while she was alive she had an asset that she could sell, which Larrikin Music now owns.

But surely there needs to be a sense of proportion. 40-60% is not proportionate. Down Under would have been a successful song with a different flute melody.

I would put a just reward at around 5% or thereabouts. And if I were a judge I would cancel it anyway because of the length of time it took for anyone to notice.

How do you feel about the whole issue? What percentage would be a fair settlement?

Discussion below...

Comments on this video

You can comment on this video at YouTube

@Ecologist_STALKER:  Absolute MASTERPIECE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

@bastian13forty3:  Half a billion views?

0 viewers not going on to Waltzing Matilda.

@michelleshareen33:  ❤❤❤

@bcharlie:  Where’s volk?

@Cucumberrrrz:  He sounds african

@Everythingiknow-d9u:  Day 12 of listening to down under until i am 6;4, curently 5:5

@davelogan676:  Unique Voice no Question

@ERLTheBeatBoutique:  Ok hear me out, where the fuck did that shoe thing go where he asks if the man is trying to temp him.....shit disappeared like some ai shit but this must have been clever editing. 2:11 and on

@عبدالله-غ4ص6ح:  شممهم ريحه الاباط والتفال

@joybell7550:  my mom use to structure her life in three point of yriange dimention like neil armstrong wise in in threes i guess that why i named my children as act out of the bible fist letter s patents

@claudianogueira4552:  😊😊😊😊😊

@sousamachinescompany3921:  E pensar q o rapaz do meio teve um fim tragico o flautista😢😢😢😢

@LWastelander:  Australia's national anthem

@jolkipalki2855:  Мотивы группы Динамик 1982 год
Всем 17 было много лет назад...

И только юный гитарист тогда еще был нищ и чист,
Работал сторожем в порту и струны рвал свои в поту.
Надев фуражку, он ловил в эфире рок,
Ружье ему тогда еще давать боялись.
И сторожа, когда сменялись, всегда смеялись: «Дурачок!»

@mighhtyy42:  Listening to "Down Under" every day for a decade: Day 1398 Year: 3 Day: 303)

@em__ve replies to @mighhtyy42: day 1092 :)

@MateusFarmácia-j3c:  Anos

@keriddunk1520:  I hear this song and I belong to the land of lungi

@sachikokurihara8044:  This song was popular when I was in junior high school, and I used to listen to it on the radio back then. Are the lyrics a satire about Australian history?

@igoraicm:  E assim nasceu Herme & Renato

@galibx2332:  1:25 Poor John thought he got beer too only to wind up drink a water from a flower vase

@sousamachinescompany3921:  Aqui no brasil fez muito sucesso ate hj🎉🎉🎉🎉🎉🎉🇧🇷🇧🇷🇧🇷🇧🇷

@theehunter6620:  the deep comes from orlando

@AleksaObradovic-e7u:  ❤️‍🔥❤️‍🔥❤️‍🔥❤️‍🔥❤️‍🔥

@SamuelButters:  I like this song because I’m from Australia 🇦🇺 and in my opinion is just the best song ever

@pinecorncob2:  as an usamerican this song will now quietly play in the back of my mind any time australia is mentioned

@TopicalEssay:  Vrillions must watch

@lucasfiggy467:  Crocodile dundee

@JuliomiguelPaytanpalomino:  Anyone in June 2026😢😢❤😅

@mighhtyy42:  Listening to "Down Under" every day for a decade: Day 1397 Year: 3 Day: 302)

@ØÛØ_1-œå replies to @mighhtyy42: May i goon?

@SandyCandles-s6l replies to @mighhtyy42: Lol gd on you mate

@FerozaRamtahal-n1g replies to @mighhtyy42: You lie 😂

@BIGBALLOONBALLOON replies to @mighhtyy42: Does it still sound good?

@em__ve replies to @mighhtyy42: day 1091 :)

@sebastienberengercoulibaly8879:  1:40 ouiais il danse bien le gars 🎉

@MrMemo24813:  Alexander Volkanovski 😎😎

@RafiUmanov-wo3ir replies to @MrMemo24813: 🔥🔥

@InternetExplorer6258:  Its all sh*t and giggles until you see a sydney funnelweb

@chris_ff888:  2026

@Aaabbbccc754:  Danielll RIICCCIIIIAAAAAAARDDDOOOOOO

@TheBuckeyeHistoryGuy1776:  WE ARE GOING TO SNEAK THROUGH BROOKLYN SEWERS WITH THIS ONE🗣️🗣️🗣️

@bryanadamsgenesimmons:  Im sorry I want to get back to how I was doing before, it was better

@lilano9669:  I fell in love with this song when I saw Ufc Volkanovski's entrance It's a really good song

@lingga5468:  We come from gili meno😂🕺

@BirgitFath-Jakusch:  Very, very good of you both! ❤❤❤

@DarwinDíazCarmona:  Vice city 😢😢😢

@Xxxyyyzzz-911:  0:14 Cavalinho Na Feira a Comer🐴

@Xxxyyyzzz-911 replies to @Xxxyyyzzz-911: 0:13

@harinazzzz:  Fav 80's song 💖

@jhovannydegouveia6575:  normalin de chill

@Snowballorkk:  I always think this is a Hawaiian song🥹

@MIGELGLORIA:  MISS THIS TIME 😢❤

@mighhtyy42:  Listening to "Down Under" every day for a decade: Day 1396 Year: 3 Day: 301)

@Wisco-n replies to @mighhtyy42: Have you memorized it yet

@em__ve replies to @mighhtyy42: day 1090 :)

@mighhtyy42 replies to @mighhtyy42: @Wisco-n Yes!

@Strange_221b_:  😷

@AmeliaMonaei-y3r:  😂❤🎉😢😮😅

@MartinDat:  Watching in June 2026

@Everythingiknow-d9u:  Day10 of listening to down under until i am 6:4

@Matheus-p3z9v:  😢😅😅😅😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊

@anarukaida-v3x:  pact of steel

@montyvel:  2026🎉

@chitaranshpahalwan1910:  The flute is what adds to this iconic song.

@MohammedSoussi-h4r:  But that money should be transferred in morocco

@SanktPauliFan34:  proper Australian song

@carlosugarte1450:  God bless the Aussies!

@datearthbounder5650:  Who else toured in Australia and heard this song countless times?

I’ve stayed in Sydney for 4 weeks as a kid and heard this song in restaurants, zoos, even at ferries.

@maysersalryk replies to @datearthbounder5650: i’m aussie and this is lwk our anthem

@AshleyRene01 replies to @datearthbounder5650: Damn right it is ❤

@bryanadamsgenesimmons:  Ive been going over shitler and his voice sounds crappy

@PoppySovietika:  "I met a young lady. She made me nervous."
Perfect description of my everyday social life.

@Hotwheeljunkie:  watching this video as a 37 yr old..... having loved this song since as long as i can remember. this video is wild. im still to process WTH it means

@Bekirhaneleman:  Hangi Ufc dövüşcüsü bu şarkıyla ringe çıkıyordu? Bu şarkı bana çok tanıdık geldi😄

@mighhtyy42:  Listening to "Down Under" every day for a decade: Day 1395 Year: 3 Day: 300)

@em__ve replies to @mighhtyy42: day 1089 :)

@volt-radeon replies to @mighhtyy42: good

@sjsjjsnnn:  Be real, if agartha declared war on australia, who would win?

@Jawland replies to @sjsjjsnnn: Me

@Eden-69420 replies to @sjsjjsnnn: @Jawland i believe you

@acecomet:  love this song so much

@KevinRamos-q7d:  Excelente rola

@sonneyplayz1825:  This takes me to my happy place

@formulafan3303-1:  Holy Oscar piastri vibe and I all know we came for 0:00 to 0:10 lol

@Evernightedits:  Me at school locking in on the last week to get my grades up

(I'm literally Volk)

@juanmata2990:  Ursula Sanchez Poder Valentía y total Fortaleza Mental!!!👍👍👏👏👏👏💪💪💪

@lukecamilleri5999:  Can't believe this song already came out 13 years ago!! Feels like yesterday!!

@ckuh replies to @lukecamilleri5999: 1981 buddy

@AntonioGomes-w6v5l:  A minha juventude

@songsinger4723:  唯一

@songsinger4723:  いい曲

@ke.po.:  Was there any meaning to this music video😂

@Sameer-Rajpoot078:  🎉🎉❤😂

@skirk_guy:  i must be buried in the land down under or im not coming to my funeral

@hollowdeath-w3g:  Agartha national anthem

@Everythingiknow-d9u:  Day 8 of listening to man down under until I am 6:4

@6riegeeBeaty:  Lieve Rondiel. .on../Co..

@mighhtyy42:  Listening to "Down Under" every day for a decade: Day 1394 Year: 3 Day: 299)

@em__ve replies to @mighhtyy42: day 1088 :)

@allclassmainloll:  we are all chugging straight poison with this one

@Anthony-g8w4i:  .

@Harry-q3n5l:  Needs google infinity +1 squared views for eternity

@Ross-v7r:  I always thought he wassaying allah, different context when you realize lol

@Kenidjack_Tin_MineOFFICAL:  🚒☠️🧨🚔⛓️‍💥☢️🪏🪏🪏🪏🪏🪏🪏https://youtube.com/shorts/XV1XGc7rjG0?si=DxardoLj8Y4Ugawt

@temac00041:  The unofficial Australian national anthem.

@Floxxoror:  #1 Continent.

@resulpolat1071:  neredeyse hergün gülerek izliyorum

@WayToManyAssassins:  Australia population - 28 million
Australian song - 507 million 🤔

@asyekinhafeez:  oscar piastri's f1 intro song

@GabiVilcapuma:  This song only reminds me of one person: Tim Cahill

@daBobRacing:  Love to you all down under

@Self.Lanmou:  Anyone from the movie «  Race The Sun » ?

@siddharthasengupta1162:  when i visit Auatralia i need someone to smile at me and get me a vegemite sandwich

@Everythingiknow-d9u:  Day 7 of watching man down under till i am 6:4

@s_v____2027:  Down Under ❌
Vegemite Sandwich ✅

@s_v____2027:  0% cursing
0% drugs
0% violence
0% sex
100% vegemite sandwich

@Gingerboy66:  Who else looked this up because of that TikTok?

@DiegoDamian2100:  Cada vez olvido poco a poco los recuerdos que tenía cuando escuchaba esta canción en 2024.
Estaba en el paraíso sin saberlo.

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Friday February 5, 2010

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David Mellor

David Mellor

David Mellor is CEO and Course Director of Audio Masterclass. David has designed courses in audio education and training since 1986 and is the publisher and principal writer of Adventures In Audio.

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