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General Forums => The O' Club => Topic started by: soda72 on February 25, 2010, 09:18:59 AM

Title: Men At Work plagiarism
Post by: soda72 on February 25, 2010, 09:18:59 AM
http://news.bbc.co.uk/2/hi/entertainment/8536689.stm

I saw this article today where 'Men at Work' is accused of plagiarising a song called 'Kookaburra'.  They have two sound bytes on the page where you can listen and compare.  After listening to the two I can't believe this has even gone to court.  I was expecting more of a 'Vanilla Ice' moment where it was quite obvious but in this case you can't really tell.  The rhythm and tempo might be somewhat similar but I think the copy right holders of 'Kookaburra' are out of their minds to think they are entitled to 50%. 

Title: Re: Men At Work plagiarism
Post by: Lusche on February 25, 2010, 09:23:20 AM
Quote
It said similarities may be noted only by a "highly educated musical ear".

 :lol
Title: Re: Men At Work plagiarism
Post by: sluggish on February 25, 2010, 09:24:04 AM
This all depends on the judge.  Some judges think a published piece of music amounts to a copyright on a chord progression...

Heck, George Harrison got sued and lost because "My Sweet Lord" sounded too much like "He's So Fine" by the Chiffons...  The bottom line is that very little HASN'T been done in music.
Title: Re: Men At Work plagiarism
Post by: Gr8pape on February 25, 2010, 09:26:09 AM
Ya I am with you thought it would be a little closer nothing worth suing over though, somebody just trying to cash in on someone else's fortune. If it is such a problem why did it take so long to file a complaint, wouldn't you do it as soon as you heard it, I would have.
Title: Re: Men At Work plagiarism
Post by: Saxman on February 25, 2010, 09:26:26 AM
There's the entertainment industry for you: One person makes millions, and someone else tries to get a piece of the action screaming "they stole my idea."

I'd like to know why these suits don't come about until AFTER something becomes a major success. If someone stole your idea, get it out there IMMEDIATELY.
Title: Re: Men At Work plagiarism
Post by: Reschke on February 25, 2010, 09:27:22 AM
My goodness...something that is so subjective that even the musicians playing it might not have been able to hear the difference is flapping ridiculous.
Title: Re: Men At Work plagiarism
Post by: Reschke on February 25, 2010, 09:28:37 AM
Ya I am with you thought it would be a little closer nothing worth suing over though, somebody just trying to cash in on someone else's fortune. If it is such a problem why did it take so long to file a complaint, wouldn't you do it as soon as you heard it, I would have.

They had to find the correct "highly educated musical ear" to agree with them so they could file a suit.
Title: Re: Men At Work plagiarism
Post by: Gr8pape on February 25, 2010, 09:30:54 AM
Took them that long to find an ear that could tell, I would have say statue of limitations here, after 15 yrs if you don't claim an infringement you should be able to. Maybe time for a new law to be put into effect for the music world.
Title: Re: Men At Work plagiarism
Post by: TinmanX on February 25, 2010, 09:39:29 AM
Are you all gonna be mad at me when I say I can hear it? I certainly hear the similarities.
Title: Re: Men At Work plagiarism
Post by: Lusche on February 25, 2010, 09:42:16 AM
Are you all gonna be mad at me when I say I can hear it? I certainly hear the similarities.

No because I do too... but only because I was now actively listening for it. Had I just listened to the two songs, without any knowledge of that story, I would never have noticed.
Title: Re: Men At Work plagiarism
Post by: Karnak on February 25, 2010, 10:31:22 AM
Similarities shouldn't cut it for this kind of suit though.  It should only be valid for direct copies.
Title: Re: Men At Work plagiarism
Post by: morfiend on February 25, 2010, 04:08:39 PM
  Who could it be Now...... Who can we sue Now...


  :huh
Title: Re: Men At Work plagiarism
Post by: Jayhawk on February 25, 2010, 04:51:09 PM
BTW, I own exclusive rights to the G chord, if you guys ever play that on any instrument (including but not limited to singing*)   please send a check for $5.  Thanks!

*intention of singing G chord is all that is necessary, i.e. singing off key still applies.
Title: Re: Men At Work plagiarism
Post by: Lusche on February 25, 2010, 06:45:16 PM
  Who could it be Now...... Who can we sue Now...

 :lol

And I just remember... "Cargo" by Men at Work was one of the first albums I bought myself  :rock
Title: Re: Men At Work plagiarism
Post by: SPKmes on February 25, 2010, 07:15:33 PM
Well then I say sue Barney then....is just because he is big and purple that he can blatantly steal a tune.

I love you love...well you know how it goes
this old man he played 1 he played........and most should know how that goes...

For those of who don't know Barney....lucky for you...


That is truly the lamest suit...sure there may be a sound similarity in for a few seconds here and there but really...to think they sat there and listened to that song a said damn that is a funky tune let's have it ....really  hhahahahaha
Title: Re: Men At Work plagiarism
Post by: Plawranc on February 25, 2010, 08:46:01 PM
As an Aussie I am going to say this.

I am guessing that an American company copyrighted Kookaburra. WHY IS AN AUSTRALIAN FOLKSONG COPYRIGHTED BY ANYBODY LET ALONE AN AMERICAN.

 :mad:
Title: Re: Men At Work plagiarism
Post by: bj229r on February 25, 2010, 09:38:39 PM
Has anyone ever heard of a plagiarism lawsuit where the plaintiff was actually the puke who wrote the song?
Title: Re: Men At Work plagiarism
Post by: RightF00T on February 25, 2010, 09:45:32 PM
There's the entertainment industry for you: One person makes millions, and someone else tries to get a piece of the action screaming "they stole my idea."

I'd like to know why these suits don't come about until AFTER something becomes a major success. If someone stole your idea, get it out there IMMEDIATELY.

It takes awhile to find out music is stolen, a song may be a huge success on one coast and then 6 months later it hits big and you realize it's a song you wrote.  Unfortunately, alot of these artists never bothered to officially copyright and takes a few more weeks as well to get that sorted out(copyrights exist the moment you create something if you can prove it was created before the other artist they have less of a leg to stand on)

If you have a legitimate claim, the more money they make off it, the more you stand to get.

A) More exposure for your art
B) All/Most of the money earned from the theft goes to you.

Title: Re: Men At Work plagiarism
Post by: Lusche on February 25, 2010, 09:46:04 PM
Has anyone ever heard of a plagiarism lawsuit where the plaintiff was actually the puke who wrote the song?


Yes. For example Jürgen Winter, guitar player from the Krautrock band Jud's Gallery, and composer of a song called "Nordrach"
He sued Gary Moore for his song "Still Got the Blues" and won. Moore has filed an appeal against that judgement.

(One interesting fact in this case is that "Nordrach" wasn't put on any recording medium until 1999!)

Title: Re: Men At Work plagiarism
Post by: AKH on February 26, 2010, 03:50:29 AM
Has anyone ever heard of a plagiarism lawsuit where the plaintiff was actually the puke who wrote the song?

Many examples, but a famous one would be Chuck Berry http://www.youtube.com/watch?v=7Zz8fmHrIpg (http://www.youtube.com/watch?v=7Zz8fmHrIpg) vs The Beach Boys http://www.youtube.com/watch?v=k1FaflUn4Co (http://www.youtube.com/watch?v=k1FaflUn4Co)
Title: Re: Men At Work plagiarism
Post by: sluggish on February 26, 2010, 12:59:50 PM
Has anyone ever heard of a plagiarism lawsuit where the plaintiff was actually the puke who wrote the song?

John Fogerty got sued by his old record company for plagiarizing himself.

http://en.wikipedia.org/wiki/Musical_plagiarism#Unsuccessful_suits
Title: Re: Men At Work plagiarism
Post by: Mustaine on February 26, 2010, 06:18:21 PM
Thing about it all is the song is so old, decades of royalties...

and if you listen to the samples it is almost identical...

BUT, unlike that verve song bittersweet symphony where the main part of the song was a complete sample; this case is about the minor flute part in the song. It is distinctive and most of you could probably hum it, but it doesn't make up the majority of the song's composition like the aforementioned bittersweet symphony.


Title: Re: Men At Work plagiarism
Post by: james on February 27, 2010, 03:54:40 PM
I had thought that in order for there to be a problem the
copied song had to have 4 chords exactly in tempo and consecutive with the original
for there to be grounds for a lawsuit.