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Men are appealing
The company filed papers with the Federal Court in Sydney on yesterday seeking orders that songwriters Colin Hay and Ron Strykert did not breach copyright with their 1980s smash hit Down Under.
It argued the inclusion of two bars from the popular children's tune Kookaburra Sits in the Old Gum Tree was at most a form of tribute to the tune penned more than 75 years ago by Toorak teacher Marion Sinclair.
In such circumstances, EMI said the similarities "might be amusing or of interest to the highly sensitised or educated musical ear" but were otherwise unlikely to be noticed "by the ordinary listener".
I think that means us...
Source: ABC News 
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Artist Biography
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. The group won the 1983 Grammy Award for Best New Artist, and have sold over 30 million albums worldwide.
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Comments
I think it is ridiculous to claim Colin Hay and Ron Strykert ripped off that Australian folk tune because a short riff in "Down Under" matches a bar in that folksong. I agree with EMI. The match pays homage to the well-known song, just as the newer song refers to a "Vegemite sandwich". Marion Sinclair should be pleased for the compliment. Shouldn't 75 years after penning be long enough? How long does her copyright (or whatever) last anyway?
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