Men At Work in children's song row

A music publisher that has accused Australian rock band Men at Work of stealing the melody to their hit 'Down Under' from a children’s song has won the first stage of its lawsuit seeking royalties for the Aussie anthem.

A federal judge today ruled publisher Larrikin Music does indeed own the copyright to the tune 'Kookaburra Sits In The Old Gum Tree' – a Girl Guide campfire favourite.

Larrikin claims the flute riff in 'Down Under' was copied from the refrain of Kookaburra.

The late teacher Marion Sinclair wrote the children’s tune in 1934 for a Girl Guides competition.

Lawyers for Men at Work’s recording companies say the band never stole anything from Kookaburra and argued that the Girl Guides – not Larrikin – hold the copyright to the children’s tune.