musings

just a brief comment on the larrikin music / kookaburra vs men at work case - for my overseas readers, here’s some background:

brief overview

complete court transcript

band’s reaction

I have to preface any comments by disclosing that as I receive a substantial percentage of my income as a composer whose works are subject to worldwide copyright, held and administered by a multinational publishing company, I sit on both sides of the table. but my issue isn’t really about whether the recording infringed upon an existing copyright, which in itself may well have been taken from a public domain standard in the first place.

the real issue - well one of several -  is the time frame. the “kookaburra” song was written in the 1930’s, men at work’s recording of “land down under” was first released in 1981. larrikin music acquired the copyright to “kookaburra” in 1990.

so it took larrikin twenty years (and tipoff via a television quiz show) to notice a potential similarity and launch the court action? “land down under” has for three decades been an undeniably iconic song that has all but been adopted as a modern national anthem.surely there must be some element of a statute of limitations that can apply?

also, the flute riff in question isn’t even part of the actual verse, chorus, intro etc - in fact, it’s not part of the actual copyright in the composition, only the copyright in the sound recording. and it’s merely a line incorporated into an instrumental passage. if it had been anything else - say, “waltzing matilda” or “greensleeves”, it would not have impacted on the success of the song to any real degree.

original larrikin founder warren fahey’s comments echo a thought that many, including myself have held since this matter first surfaced in the media. isn’t “kookaburra” a public domain song? and if so, not subject to contemporary copyright law?

look, if the original writer (or her family) had still claimed ownership in the tune, there might be a case for a reassessment of sorts. but as this action seems to be benefiting nobody except the shareholders of music sales pty ltd (the parent company of larrikin music), I’d have to concur with mr. fahey’s suggestion that the song be “gifted” to the australian public in recognition of its status as a cultural theme. onya, waz.

my other copycat beef this week concerns yet another “reality” television series. to say that television networks merely replicate successful shows from competing networks rather than create original content is as axiomatic as saying ice is cold. australian network seven, clearly inspired by the runaway ratings success of ten’s masterchef series (which to be honest, I wasn’t much impressed with, being a fan of the original british series), created something called my kitchen rules.  five years ago, they had a series called “my restaurant rules“, and the remake is essentially the same format, but done on the cheap. it’s also a hybrid of “come dine with me“, another successful british series that spawned a lame u.s. version, and now an aussie version on the lifestyle network.

now, I love food shows more than the average home cook, but this trainwreck is but another feeble attempt by the deep-thinkers in the network boardrooms to try to ’steal’ a successful series’ fanbase. sadly, it shares the same major fault which still-birthed nine network’s chopping block last year. with masterchef, the public wanted to see the nice contestant folks win. with these other shows, the public wants to see the jerks, assholes and egotist contestants fail.

at least we don’t have gordon ramsay to kick around…

sometimes during the endless demands of the working world, the obligations and responsibilities of the family & friends world and the allure and attraction of the entertainment world, we forget to genuinely relax. I haven’t had so much as a proper ‘day off’ in, I dunno… years. so this past weekend was a blissful three days of no internet, no phone, no business - just good food, music & company.

the central coast was the destination, and the weather was most kind. it was great to catch up with old pals for dinners & gigs. the not-so gentle waves off shelly beach reminded me that body-surfing was never intended to be a graceful pastime, and the sunburn (which still remains) across my shoulders reminded me that spf15+ isn’t the name of a new swiss emo band. linda was reminded of the difference between still and mineral water. twice. by physics, no less. we found a funky cafe in terrigal beach where, in spite of waitstaff that looked like they’d been called away from their barbie doll collections to take our orders, had such great food & coffee that we went back the next day. and seagulls do not stand on one leg in order to evoke sympathy and food. nice theory though, lin.

one of my fave moments was dropping into a karaoke session, the gal, not being able to help herself, got up to do a couple of tunes and blew everyone away. as she does. which seemed to really piss off the hostess who felt the best way to reply to having a true professional invade her turf was to do a song of her own immediately afterwards - with her mic & track volumes cranked. ah, the fragile egos of the cover-band wanna-be’s.

all up, it was a much needed - and welcome - respite, especially as I’d been working, cooking and gigging all thru the so-called ‘holiday’ period. now, back to our regularly schedule show, ‘reality melts’, where we rejoin our hero still awaiting a confirmed date when his new house will become vacant and movinable. the guitar store provides him with warmth and inspiration, and gigs on the horizon sees him constantly reminding his fair lady and duo partner which fret to place the capo.

life is good.