EMI to appeal Kookaburra case

EMI have lodged an appeal against the decision in Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited, seeking orders that Men at Work’s Down Under does not infringe the copyright in the children’s song, Kookaburra (sits in the old gum tree).

According to a recent ABC article, EMI filed papers listing 14 grounds of appeal. 

The ABC article discusses that in particular, EMI said the similarities between the two songs are not likely to be noticed by “the ordinary listener.”

EMI also contend the trial judge erred in deciding that Down Under uses a “substantial part” of Kookaburra.

A date for the appeal hearing is yet to be decided. 

To read the full article, go to:

www.abc.net.au/news/stories/2010/02/25/2830442.htm