Kookaburra (song)
Encyclopedia
"Kookaburra" is a popular Australia
n nursery rhyme
and round
about the Kookaburra
(an Australian Kingfisher
), written by Marion Sinclair (c1895–1988).
, a girls' school in Melbourne
she had attended as a boarder. In 1920, she began working with the school's Girl Guides
company.
One Sunday morning in 1932, Marion Sinclair had a sudden inspiration in church, and dashed home to write down the words to "Kookaburra". In 1934 she entered the song into a competition run by the Girl Guides Association of Victoria, with the rights of the winning song to be sold to raise money for the purchase of a camping ground, eventually chosen as Britannia Park
. The song was performed for the first time in 1934 at the annual Jamboree
in Frankston, Victoria
at which the Baden-Powells
, founders of the Scouting and Guiding
movements, were present.
Despite its "Aussie-ness", the song is well-known and performed around the world, particularly in the United States
, Canada
and United Kingdom
, where the Girl Guide movements in those countries have adopted it as a traditional song.
according to Australian copyright law
. The publishing rights are held by Larrikin Music. In the United States, the rights are administered by Music Sales Corporation in New York City.
In June 2009, Larrikin Music
sued the band Men At Work
for copyright infringement, alleging that part of the flute riff of the band's 1981 single "Down Under
" was copied from "Kookaburra".
This action followed an episode of Spicks and Specks where this usage was the basis of a panel question
.
The counsel for the band's record label and publishing company (Sony BMG Music Entertainment
and EMI Songs Australia
) claimed that, based on the agreement under which the song was written, the copyright was actually held by the Girl Guides Association. On 30 July 2009, Justice Peter Jacobson of the Federal Court of Australia
made a preliminary ruling that Larrikin did own copyright on the song, but the issue of whether or not songwriters Colin Hay
and Ron Strykert
had plagiarised the riff would be determined at a later date. On 4 February 2010, Justice Jacobson delivered his judgment that Men At Work had infringed Larrikin's copyright, and that both recordings submitted to the court "...reproduce a substantial part of Kookaburra". Larrikin subsequently petitioned the court to receive between 40 and 60 percent of the song's royalties backdated to 1981, but on 6 July 2010 Justice Jacobson awarded the company 5 per cent of royalties backdated to 2002—believed to be a six-figure sum.
On 31 March 2011 an appeal by record company EMI was dismissed by Justices Arthur Emmett, Jayne Jagot and John Nicholas, who concluded there had been an infringement of copyright of the tune "Kookaburra Sits in the Old Gum Tree". One of the band's songwriters, Colin Hay, said afterwards the result was disappointing and they would consider their position after reviewing the judgment more closely. In October, 2011 the band lost its final court bid when the high court of Australia refused to hear an appeal.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n nursery rhyme
Nursery rhyme
The term nursery rhyme is used for "traditional" poems for young children in Britain and many other countries, but usage only dates from the 19th century and in North America the older ‘Mother Goose Rhymes’ is still often used.-Lullabies:...
and round
Round (music)
A round is a musical composition in which two or more voices sing exactly the same melody , but with each voice beginning at different times so that different parts of the melody coincide in the different voices, but nevertheless fit harmoniously together...
about the Kookaburra
Kookaburra
Kookaburras are terrestrial kingfishers native to Australia and New Guinea. They are large to very large, with a total length of . The name is a loanword from Wiradjuri guuguubarra, and is onomatopoeic of its call...
(an Australian Kingfisher
Kingfisher
Kingfishers are a group of small to medium sized brightly coloured birds in the order Coraciiformes. They have a cosmopolitan distribution, with most species being found in the Old World and Australia...
), written by Marion Sinclair (c1895–1988).
Composition
Marion Sinclair was a music teacher at Toorak CollegeToorak College, Mt Eliza
Toorak College is an independent, inter-denominational, day and boarding school for girls years 7 - 12 and co-educational from pre school to Year 6...
, a girls' school in Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
she had attended as a boarder. In 1920, she began working with the school's Girl Guides
Guides Australia
Girl Guides Australia is the national Guiding organisation in Australia. It provides a girls only space and its mission is to enable girls and young women to grow into confident, self respecting members of the community. Membership is open to all girls and young women from all cultures, faiths and...
company.
One Sunday morning in 1932, Marion Sinclair had a sudden inspiration in church, and dashed home to write down the words to "Kookaburra". In 1934 she entered the song into a competition run by the Girl Guides Association of Victoria, with the rights of the winning song to be sold to raise money for the purchase of a camping ground, eventually chosen as Britannia Park
Britannia Park (Girl Guides Victoria)
Britannia Park is a campsite belonging to Girl Guides Victoria. It is located near Yarra Junction in Victoria, Australia. It is 72 km east of Melbourne. The site covers 42 acres , although the original purchase was smaller....
. The song was performed for the first time in 1934 at the annual Jamboree
Jamboree (Scouting)
In Scouting, a jamboree is a large gathering of Scouts who rally at a national or international level.The 1st World Scout Jamboree was held in 1920, and was hosted by the United Kingdom...
in Frankston, Victoria
Frankston, Victoria
Frankston is a suburb within the Greater Melbourne metropolitan area in Victoria, Australia. It is located 40 km southeast of the state capital Melbourne at the southernmost edge of Greater Melbourne, near the beginnings of the Mornington Peninsula...
at which the Baden-Powells
Robert Baden-Powell, 1st Baron Baden-Powell
Robert Stephenson Smyth Baden-Powell, 1st Baron Baden-Powell, Bt, OM, GCMG, GCVO, KCB , also known as B-P or Lord Baden-Powell, was a lieutenant-general in the British Army, writer, and founder of the Scout Movement....
, founders of the Scouting and Guiding
Scouting
Scouting, also known as the Scout Movement, is a worldwide youth movement with the stated aim of supporting young people in their physical, mental and spiritual development, that they may play constructive roles in society....
movements, were present.
Despite its "Aussie-ness", the song is well-known and performed around the world, particularly in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, where the Girl Guide movements in those countries have adopted it as a traditional song.
Copyright status
Marion Sinclair died in 1988, so the song is still under copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
according to Australian copyright law
Australian copyright law
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Australian Copyright Act 1968 , which applies the national law throughout Australia...
. The publishing rights are held by Larrikin Music. In the United States, the rights are administered by Music Sales Corporation in New York City.
In June 2009, Larrikin Music
Larrikin Records
Larrikin Records is a record company founded in 1974 by Warren Fahey. Larrikin started as an independent label and was sold in 1995 to Festival Records....
sued the band Men At Work
Men at Work
Men at Work are an Australian rock band who achieved international success in the 1980s. They are the only Australian artists to have a simultaneous #1 album and #1 single in the United States . They achieved the same distinction of a simultaneous #1 album and #1 single in the United Kingdom...
for copyright infringement, alleging that part of the flute riff of the band's 1981 single "Down Under
Down Under (song)
"Down Under" is a pop song recorded by Men at Work for their debut album Business as Usual . The song went to #1 on American, British, Canadian and Australian charts....
" was copied from "Kookaburra".
This action followed an episode of Spicks and Specks where this usage was the basis of a panel question
.
The counsel for the band's record label and publishing company (Sony BMG Music Entertainment
Sony BMG Music Entertainment
Sony BMG Music Entertainment was a recorded music company, which was a 50–50 joint venture between the Sony Corporation of America and Bertelsmann AG...
and EMI Songs Australia
EMI
The EMI Group, also known as EMI Music or simply EMI, is a multinational music company headquartered in London, United Kingdom. It is the fourth-largest business group and family of record labels in the recording industry and one of the "big four" record companies. EMI Group also has a major...
) claimed that, based on the agreement under which the song was written, the copyright was actually held by the Girl Guides Association. On 30 July 2009, Justice Peter Jacobson of the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
made a preliminary ruling that Larrikin did own copyright on the song, but the issue of whether or not songwriters Colin Hay
Colin Hay
Colin James Hay is a Scottish-Australian musician, who made his mark during the 1980s as lead vocalist of the Australian band Men at Work, and later as a solo artist.- Early life and Men at Work :...
and Ron Strykert
Ron Strykert
Ronald "Ron" Graham Strykert is an Australian guitarist, known for playing lead guitar for the reggae inspired 1980s band, Men at Work....
had plagiarised the riff would be determined at a later date. On 4 February 2010, Justice Jacobson delivered his judgment that Men At Work had infringed Larrikin's copyright, and that both recordings submitted to the court "...reproduce a substantial part of Kookaburra". Larrikin subsequently petitioned the court to receive between 40 and 60 percent of the song's royalties backdated to 1981, but on 6 July 2010 Justice Jacobson awarded the company 5 per cent of royalties backdated to 2002—believed to be a six-figure sum.
On 31 March 2011 an appeal by record company EMI was dismissed by Justices Arthur Emmett, Jayne Jagot and John Nicholas, who concluded there had been an infringement of copyright of the tune "Kookaburra Sits in the Old Gum Tree". One of the band's songwriters, Colin Hay, said afterwards the result was disappointing and they would consider their position after reviewing the judgment more closely. In October, 2011 the band lost its final court bid when the high court of Australia refused to hear an appeal.
Cultural references
- The song plays an important role in the 2006 Doctor WhoDoctor WhoDoctor Who is a British science fiction television programme produced by the BBC. The programme depicts the adventures of a time-travelling humanoid alien known as the Doctor who explores the universe in a sentient time machine called the TARDIS that flies through time and space, whose exterior...
episode "Fear HerFear Her"Fear Her" is an episode of the British science fiction television series Doctor Who. It was first broadcast on 24 June 2006.The episode takes part on the day of the opening ceremony of the 2012 Summer Olympics in London, almost exclusively on a fictitious cul-de-sac named after the British athlete...
". - A parody of "Kookaburra" has remained popular in Australian schoolyards for over 3 decades: "Kookaburra sits on electric wire, jumping up and down with his pants on fire. Laugh, Kookaburra, laugh, Kookaburra. Hot your pants must be."
Controversy
- In 2010, an Australian primary school director, Garry Martin, asked school children to replace "gay your life must be" with "fun your life must be." After outcry from internet users that he was banning the word gay and the Australian gay and lesbian advocacy group (Also Foundation), Martin tried to clarify his position. He stated: "All I was doing, relatively innocently, was substituting one word because I knew if we sing 'Gay your life must be' the kids will roll around the floor in fits of laughter."
External links
- The Mudcat Cafe: Forum discussion and details of copyright status. Retrieved 25 September 2006.
- Kookaburra, everyone's favourite little Aussie
- Lyrics, hosted with permission at kididdles.com
- Kookaburra Song
- Band are victims of obstinate rule of law