EMI files "Down Under" Call charges

CANBERRA (Reuters) - EMI Record of appeal against a court decision that the Grammy-award winning Australian band Men at Work has stolen some of the famous 1980s hit, "Down Under" of a popular song. Australian Federal Court ruled this month that part of the melody of the song came from the children's song "Kookaburra sits in the Old Gum Tree", written 70 years ago by the Australian teacher Marion Sinclair for the support of leaders. But EMI has papers Thursday to jobs songwriter Colin Hay and Ron Strykert made not against the copyright in their work that support the inclusion of two measures from popular music was at best a form of homage. "EMI said then that the similarities could be" fun or interesting to the educated and trained musical ear, they were unlikely to be noticed by an ordinary listener. "Down Under" became a de facto anthem for the Australians and was a success in the U.S. charts, set with the bizarre words about the spread Vegemite passengers drugged and in a "fried-out Kombi on a hippie trail, head full of zombies. "The court decision means that the group and EMI have millions of dollars in royalties to copyright holders, Kookaburra Larrikin Music, pay the case, initiated in court. Men at work are the only Australian band to have a No. 1 album and single in both the U.S. charts with "Down Under" and the album "business as usual." The song, a land Down Under, where the beer flows and men chunder "used as a motivator for Australia in 1983 America's Cup yachting victory in the United States. The judge ordered this month on both sides to enter mediation on payments of royalties and in court again on 25 February to discuss whether Larrikin should receive an allowance of hay and Strykert. (Editing by Miral Fahmy)