EMI Told To Pay 5% Royalty In 'Down Under' Spat

Law360, New York (July 6, 2010, 3:51 PM EDT) -- An Australian judge on Tuesday ordered music label EMI Music Publishing Australia Pty Ltd. and members of the band Men at Work, which produced the 1980s hit “Down Under,” to pay a 5 percent royalty in connection with copyright infringement of a 1930s Australian nursery rhyme.

Justice Peter Jacobson of the Federal Court of Australia for the New South Wales District Registry issued the damages order, following his February determination that a flute riff in “Down Under” substantially copied a portion of “Kookaburra Sits in the...
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