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Topic History of: Fascinating case; the Men At Work/Down Under decision
Max. showing the last 5 posts - (Last post first)

Author	Message
Michael	Also, the riff is part of the arrangement, not part of the sung melody.
BR	Judge DEAF as a POST. Crazy judgement and could only be made by someone who was tone deaf. This shows how silly it is to ask a non musician to rule in this type of case. The two songs are totally different - the flute rhythm shows some similarity in the last 2 bars - but if that is plagiarism it would mean that EVERY song every written could be classed as plagiarism because rhythms are often similar because of music notation.
veritas	JK2006 wrote: The judge should be shot... deaf as a post poor old stick. Probably thinks the wobbleboard is a violin. Mad. I don't think the judge is that old. Perhaps he is tone deaf. I've listened several times and I can only pick up the hint of similarity but the amount of damages is surprising-60% of royalties. That will be huge as the album sold millions. It also means the judge is saying that the success of the song is 60% due to that little riff. This is a very odd decision..although it's a compeltely infectuous riff that I believe makes the song. But that's just my opinion and I couldn't possibly prove it. I think this will fall over on appeal.
Michael	JK2006 wrote: The judge should be shot... deaf as a post poor old stick. Probably thinks the wobbleboard is a violin. Mad.Have to agree. I was more than surprised. A very strange ruling.
veritas	Facinating piece by the only law writer I trust-Richard Akland in the Sydney Morning Herald about the possible ramifications about this decision which has rocked the music industry. www.smh.com.au/opinion/society-and-cultu...w-20100204-ng23.html I spoke the folk singer Warren Fahey who was the founder of Larrikan Music today who still owns plenty of it's shares. He was actually suprised on the win but not very confident about the certain appeal.