[LINK] "Men at work" up a gum tree

[Philip Argy]

Since the Mickey Mouse amendment (agreed as part of the US-Australia Free
Trade Agreement) the term of copyright is now life of the author plus 75
years.

By the way, just because the judge found that a few bars of Kookaburra were
qualitatively substantially reproduced in Down Under, don't assume that huge
damages would be attracted.  On a pro rata basis it might only be a few %,
assuming the decision is not overturned on appeal.  The judge has already
hinted at a low % damages outcome by his specific finding that the
Kookaburra portion was NOT the  'hook' for Down Under.  But even a low %
might still be a big number if taken back to day 1.

Others have expressed surprise that Larrikin could bring the action, but
anyone can buy a debt and then enforce it, and a debt is simply a right of
action.  Similarly if you buy copyright you buy all the enforcement rights
and rights of action that go with that title.  It's quite unremarkable
really.

Philip


-----Original Message-----
From: link-bounces at mailman1.anu.edu.au
[mailto:link-bounces at mailman1.anu.edu.au] On Behalf Of Kim Holburn
Sent: Thursday, 4 February 2010 20:19
To: Link list
Subject: Re: [LINK] "Men at work" up a gum tree


On 2010/Feb/04, at 7:58 PM, Craig Sanders wrote:

> On Thu, Feb 04, 2010 at 05:42:06PM +1000, Lea de Groot wrote:
>> On 4/02/10 4:34 PM, Kim Holburn wrote:
>>> Larrikin Music accused the band of stealing the song's flute riff
>>>> from the children's song Kookaburra Sits In The Old Gum Tree.
>>
>> I am confused as to how this is still in copyright, myself.
>> Dates from 1934, or about, so it should be well out by now!
>
> IIRC, copyright terms are:
>
> life of author + 50 years.
>
> or creation/publication + 50 years if copyright is assigned to a
> company.