Down Under (song)

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The chorus is really about the selling of Australia in many ways, the overdevelopment of the country. It was a song about the loss of spirit in that country. It's really about the plundering of the country by greedy people. It is ultimately about celebrating the country, but not in a nationalistic way and not in a flag-waving sense. It's really more than that. [17]

The promotional video comically plays out the events of the lyric, showing Hay and other band members riding in a Volkswagen Kombi van, eating muesli with a 'strange lady', eating and drinking in a café, and lying in an opium den. The band are moved along at one point by a man in a shirt and tie who places a 'Sold' sign in the ground. Exterior shots were filmed at the Cronulla sand dunes in Sydney. [18] The band are seen carrying a coffin across the dunes at the end. This, Hay has explained, was a warning to his fellow Australians that their country's identity was dying as a result of overdevelopment and Americanisation. Hay has also stated that the same ominous sentiment lies behind the choral line, "Can't you hear that thunder? You'd better run; you'd better take cover". [14]

Reception

Billboard called it a "tongue-in-cheek story song that relies on percussion and vocals more than sax." [19]

Cultural significance

The song is a perennial favourite on Australian radio and television, and topped the charts in the US and UK simultaneously in early 1983. [20] It was later used as a theme song by the crew of Australia II in their successful bid to win the America's Cup in 1983. [21] Men at Work played this song in the closing ceremony of the 2000 Summer Olympics in Sydney, alongside other Australian artists. [22]

The song is also the walkout music for Australian former UFC Featherweight Champion Alexander Volkanovski. [23]

In May 2001, Australasian Performing Right Association (APRA) celebrated its 75th anniversary by naming the Best Australian Songs from 1926 to 2001, as decided by a hundred-strong industry panel. "Down Under" was ranked as the fourth song on the list. [24]

The song was ranked number 96 on VH1's "100 Greatest Songs of the 1980s" in October 2006. [25]

"Down Under" was added to the National Film and Sound Archive's Sounds of Australia registry in 2007. [26]

"Down Under" was one of the goal songs for Australia during the 2022 FIFA World Cup. [27]

In 2007, on the ABC-TV quiz show Spicks and Specks, the question was posed, "What children's song is contained in the song 'Down Under'?" The answer, "Kookaburra", a song whose rights were owned by Larrikin Music, resulted in phone calls and emails to Larrikin the next day. [28] Larrikin Music subsequently decided to take legal action against Hay and Strykert, the song's writers.

Sections of the flute part of the recording of the song were found to be based on "Kookaburra", written in 1932 by Marion Sinclair. In fact, producer Peter McIan remembered the inclusion of the melody being a "musical joke" by flautist Greg Ham – he can even be seen sitting on a gum tree in the song's music video while playing the riff. [29] Sinclair died in 1988 [13] and the rights to "Kookaburra" were deemed to have been transferred to publisher Larrikin Music on 21 March 1990. [30] In the United States, the rights are administered by Music Sales Corporation in New York City.

In June 2009, 28 years after the release of the recording, Larrikin Music sued Men at Work for copyright infringement, alleging that part of the flute riff of "Down Under" was copied from "Kookaburra". 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. [31] [32] On 30 July, 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 Hay and Strykert had plagiarised the riff was set aside to be determined at a later date. [33]

On 4 February 2010, Jacobson ruled that Larrikin's copyright had been infringed because "Down Under" reproduced "a substantial part of 'Kookaburra'". [34]

When asked how much Larrikin would be seeking in damages, Larrikin's lawyer Adam Simpson replied: "anything from what we've claimed, which is between 40 and 60 per cent, and what they suggest, which is considerably less." [35] [36] [37] In court, Larrikin's principal Norman Lurie gave the opinion that, had the parties negotiated a licence at the outset as willing parties, the royalties would have been between 25 and 50 per cent. [38] On 6 July 2010, Jacobson handed down a decision that Larrikin receive 5% of royalties from 2002. [38] [39] In October 2011, the band lost its final court bid when the High Court of Australia refused to hear an appeal. [40]

Until this high-profile case, the standing of "Kookaburra" as a traditional song, combined with the lack of visible policing of the song's rights by its composer, had led to the general public perception that the song was within the public domain. [41] [42]

The revelation of the copyright status of "Kookaburra", and more so the pursuit of royalties from it, has generated a negative response among sections of the Australian public. [43] [44] [45] [46] In response to unsourced speculation of a Welsh connection, Rhidian Griffiths pointed out that the Welsh words to the tune were published in 1989, and musicologist Phyllis Kinney stated neither the song's metre nor its lines were typical Welsh. [42]

Colin Hay has since suggested that the deaths of his father, Jim, in 2010, and Men at Work flute player Greg Ham, in 2012, were directly linked to the stress of the court case. [47]

Track listing

7": CBS / BA 222891 Australia

  1. "Down Under" – 3:44
  2. "Crazy" – 2:34

7": CBS / A 2066 Europe

  1. "Down Under" – 3:44
  2. "Helpless Automaton" – 3:23

7": CBS / 43.539 Brazil

  1. "Down Under" – 3:44
  2. "Who Can It Be Now?" – 3:21

12": CBS / BA 12229 Australia / Promo-release 1986

  1. "Down Under (Extended mix)" – 5:30
  2. "Sail to You (Extended mix)" – 5:48

7": Columbia / 38-03303 USA

  1. "Down Under" – 3:44
  2. "Crazy" – 2:34

Charts

"Down Under"
Down under men at work australia single.jpg
7" Australian single
Single by Men at Work
from the album Business as Usual
B-side "Crazy" (AUS/NA)
"Helpless Automaton" (EU)
Released2 November 1981 [1]
Genre
Length3:42
Label Columbia
Composer(s)
Lyricist(s) Colin Hay
Producer(s) Peter McIan
Men at Work singles chronology
"Who Can It Be Now?"
(1981)		"Down Under"
(1981)		"Be Good Johnny"
(1982)
Audio sample

Certifications and sales

RegionCertification Certified units/sales
Australia (ARIA) [76] Gold50,000^
Canada (Music Canada) [77] Gold50,000^
Denmark (IFPI Danmark) [78] Gold45,000‡
Germany (BVMI) [79] Gold250,000‡
Italy (FIMI) [80] Gold50,000‡
Spain (PROMUSICAE) [81] Gold30,000‡
United Kingdom (BPI) [82] 2× Platinum1,200,000‡
United States (RIAA) [83] Platinum1,000,000^

^ Shipments figures based on certification alone.
‡ Sales+streaming figures based on certification alone.

Colin Hay versions

A new version of the song was produced by Colin Hay, coinciding with the thirtieth anniversary of the original's release. [84] Requested by Telstra for use in an Australian advertising campaign during the 2012 Summer Olympics period, the song was available through iTunes on 31 July 2012. [85]

In the new version, Hay intentionally changed the flute part that caused the copyright lawsuit. [86]

Luude featuring Colin Hay

"Down Under"
Luude - Down Under.jpeg
Digital download
Single by Luude featuring Colin Hay
Released19 November 2021 [87]
Genre Drum and bass
Length2:38
Label Sweat It Out
Songwriter(s)
Producer(s) Luude
Luude featuring Colin Hay singles chronology
"Wanna Stay"
(2021)		"Down Under"
(2021)		"Big City Life"
(2022)

In 2021, Australian producer Luude (real name Christian Benson, from the Tasmanian tech house dance duo Choomba), [88] [89] remixed "Down Under" as a drum and bass track, with Colin Hay re-recording the vocals for the track's release on the Sweat It Out record label. [90] [91] In January 2022, the drum and bass version of "Down Under" debuted at number 32 on the Official UK Singles Chart Top 40 [92] and at number 48 in Australia. [93] The single climbed into both countries' Top 10 a month later. [93] [92] In New Zealand, the record climbed to number one on the Official Singles Chart, and by 6 February 2022 had spent four weeks at number one. [94] On 22 January 2022, the Luude version of "Down Under" was ranked at number 65 on the Triple J Hottest 100, 2021. [95]

At the 2022 ARIA Music Awards, the song was nominated for Song of the Year, Best Dance/Electronic Release and Best Video and Luude was nominated for Michael Gudinski Breakthrough Artist. [96]

Weekly charts

Weekly chart performance for "Down Under" (Luude featuring Colin Hay version)
Chart (2021–2022)Peak
position
Australia (ARIA) [93] 10
Austria (Ö3 Austria Top 40) [87] 4
Belgium (Ultratop 50 Flanders) [97] 25
Czech Republic (Rádio – Top 100) [98] 43
Czech Republic (Singles Digitál Top 100) [99] 38
Germany (Official German Charts) [100] 9
Global 200 ( Billboard ) [101] 105
Hungary (Single Top 40) [102] 40
Ireland (IRMA) [103] 13
Lithuania (AGATA) [104] 17
Netherlands (Single Tip) [105] 7
New Zealand (Recorded Music NZ) [94] 1
Poland (Polish Airplay Top 100) [106] 49
Slovakia (Singles Digitál Top 100) [107] 37
Slovakia (Rádio Top 100) [108] 38
Switzerland (Schweizer Hitparade) [109] 54
UK Singles (OCC) [110] 5
UK Dance (OCC) [111] 3
UK Indie (OCC) [112] 1
US Hot Dance/Electronic Songs ( Billboard ) [113] 20

Year-end charts

2022 year-end chart performance for "Down Under"
Chart (2022)Position
Australia (ARIA) [114] 28
Austria (Ö3 Austria Top 40) [115] 17
Belgium (Ultratop 50 Flanders) [116] 67
Germany (Official German Charts) [117] 46
Lithuania (AGATA) [118] 93
New Zealand (Recorded Music NZ) [119] 4
UK Singles (OCC) [120] 23
US Hot Dance/Electronic Songs (Billboard) [121] 86

Certifications

RegionCertification Certified units/sales
Australia (ARIA) [122] 3× Platinum210,000‡
New Zealand (RMNZ) [123] 2× Platinum60,000‡
United Kingdom (BPI) [124] Platinum600,000‡

‡ Sales+streaming figures based on certification alone.

King Stingray version

"Down Under (Under One Sun)"
Single by King Stingray
Released19 October 2022
Length3:22
Label Cooking Vinyl Australia
King Stingray singles chronology
"Lupa"
(2022)		"Down Under (Under One Sun)"
(2022)		"Lookin' Out"
(2023)

Australian rock group King Stingray released a version on 19 October 2022 [125] and featured on the soundtrack of the Tourism Australia short film, Come and Say G'day. "Down Under" is the band’s first release since their self-titled debut album, which was released in August 2022. [126]

For their iteration, King Stingray had discussions with Colin Hay and recorded their version in a combination of English and their local Indigenous language, Yolŋu Matha, and comes with the subtitle "Under One Sun". [127]

King Stingray performed the song with Colin Hay at the APRA Music Awards of 2023. [128]

See also

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References

  1. ↑ "Platterlog: Singles – Supplementary". Platterlog. 2 November 1981. p. 7. Retrieved 22 December 2020– via Imgur.
  2. ↑ Parker, Lyndsey (4 February 2010). "Men at Work vs. The Man: '80s Band Charged with Plagiarism". Yahoo! Music. Archived from the original on 15 July 2014.
  3. 1 2 Erlewine, Stephen Thomas. Men At Work - Business As Usual (1982) Review at AllMusic. Retrieved February 2, 2024.
  4. ↑ Reed, Ryan (2 March 2011). "Colin Hay Is Still at Work, 25 Years After 'Down Under'". Metro Pulse . Archived from the original on 15 March 2011.
  5. ↑ Sheffield, Rob (24 February 2023). "The 100 Best Songs of 1983, the Year Pop Went Crazy". Rolling Stone . Retrieved 4 September 2023. Men at Work did happy-go-lucky pub-rock singalongs like "Down Under," one of the year's first Number One hits.
  6. ↑ Smith, Troy L. (13 May 2021). "Every No. 1 song of the 1980s ranked from worst to best". Cleveland.com . Retrieved 30 January 2023.
  7. ↑ Matos, Michaelangelo (8 December 2020). "Island Records, London: May 8, 1984". Can’t Slow Down: How 1984 Became Pop's Blockbuster Year. Hachette Books. p. 112. ISBN   978-0-306-90337-3.
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  13. 1 2 "'80s hit Down Under copies kids' song: court". CBC News. Associated Press. 4 February 2010. Retrieved 10 June 2014.
  14. 1 2 3 4 5 "Down Under-covered". BBC News Magazine . 1 August 2009. Retrieved 10 June 2014.
  15. ↑ Malkin, Bonnie (30 July 2009). "Men at Work sued over 'stolen' riff in Down Under". The Daily Telegraph. Retrieved 13 December 2017.
  16. ↑ "Here Are the Songs That Made Triple M's 'Ozzest 100'". Music Feeds . 27 January 2018. Retrieved 4 January 2020.
  17. 1 2 "Down Under by Men at Work". Songfacts . Retrieved 11 February 2010.
  18. ↑ "Men at Work's Colin Hay on Friday Night Videos intro for Down Under". YouTube. Archived from the original on 21 December 2021.
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  20. ↑ Erlewine, Stephen Thomas. "Men at Work – Artist Biography". AllMusic . Retrieved 7 July 2010. second American number one early in 1983 and it became the band's first British hit single; the song reached number one in both countries simultaneously.
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  22. ↑ "Men at Work lose plagiarism case". BBC News Online. 4 February 2010. Retrieved 7 July 2010.
  23. ↑ "Alexander Volkanovski Walkout Song: Which Track Does the Featherweight Champ Walk Out To?". Essentially Sports. 16 February 2024. Retrieved 25 February 2024.
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  27. ↑ Hamilton, Tom. "World Cup goal music: Every team's song choices in Qatar, with Gala's 'Freed From Desire' topping the chart". ESPN. Retrieved 29 November 2022.
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  29. ↑ Gordon, David (August 1983). "Production viewpoint: Peter McIan" (PDF). Recording Engineer/Producer. Vol. 14, no. 4. p. 29.
  30. ↑ Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2009] FCA 799 , Federal Court (Australia)
  31. ↑ Davies, Lisa (25 June 2009). "Claims Men at Work hit Down Under is a rip-off of Kookaburra song". News.com.au. Retrieved 7 July 2010. claiming Larrikin doesn't actually have copyright to Kookaburra – the Girl Guides do.
  32. ↑ Hohenboken, Angus (25 June 2009). "Girls may have guided Men at Work's song Down Under". The Australian .
  33. ↑ "Men at Work face plagiarism case". BBC News Online. 30 July 2009.
  34. ↑ Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29 , Federal Court (Australia)
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  37. ↑ Arlington, Kim (5 February 2010). "Infringement Down Under". Sydney Morning Herald . Retrieved 7 July 2010. Larrikin is entitled to recover damages
  38. 1 2 Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (No 2) [2010] FCA 698 at para. 45, Federal Court (Australia)
  39. ↑ Gibson, Joel (6 July 2010). "Kookaburra sits on a small fortune: ruling on Down Under royalties". Sydney Morning Herald. Retrieved 7 July 2010. to pay Larrikin 5 per cent of royalties from the song dating back to 2002 and on royalties from future earnings
  40. ↑ "Men at Work lose appeal over Kookaburra riff". The Guardian . London. Associated Press in Sydney. 7 October 2011. Retrieved 9 October 2011.
  41. ↑ Ham, Larissa; Arlington, Kim (5 February 2010). "Kookaburra case: publisher hits back at Colin Hay's "greed" claim – Music". The Age. Melbourne. Retrieved 27 April 2010.
  42. 1 2 "Origins: Kookaburra – possible copyright info". Mudcat Café . Retrieved 27 April 2010.
  43. ↑ "Men at Work steal children's song..." Forums.whirlpool.net.au. Retrieved 27 April 2010.
  44. ↑ "Kookaburra vs Down Under?". Mudcat Café. 30 July 2009. Retrieved 27 April 2010. From: Paul Burke ... illustrates the stupidity and tragedy of copyright. ... From: bodgie ... down to two rather stubborn music industry companies ... only ones making money out of this fight are the lawyers. Damn them all. Warren Fahey
  45. ↑ "Lawyers sue, men plunder". Sydney Morning Herald. 2 November 2009. Retrieved 27 April 2010. For some, Larrikin's suit will be seen as a brazen and opportunistic attempt
  46. ↑ Ulaby, Neda (1 December 2009). "A Kookaburra Causes Trouble 'Down Under'". NPR Music . Retrieved 27 April 2010. number of Australians, including Westwood, found this a bit much.
  47. ↑ Adams, Cameron (10 August 2015). "Men at Work's Colin Hay says Down Under lawsuit 'contributed' to death of his dad and bandmate". News.com.au . Retrieved 13 December 2017.
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  50. ↑ Nyman, Jake (2005). Suomi soi 4: Suuri suomalainen listakirja (in Finnish) (1st ed.). Helsinki: Tammi. ISBN   951-31-2503-3.
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  52. ↑ "Men At Work – Down Under" (in German). GfK Entertainment charts. Retrieved 10 June 2014.
  53. ↑ "The Irish Charts – Search Results – Down Under". Irish Singles Chart. Retrieved 1 June 2013.
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  55. ↑ "Men At Work – Down Under" (in Dutch). Single Top 100. Retrieved 10 June 2014.
  56. ↑ "Men At Work – Down Under". Top 40 Singles. Retrieved 10 June 2014.
  57. ↑ "Men At Work – Down Under". VG-lista. Retrieved 10 June 2014.
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  61. ↑ "Official Singles Chart Top 100". Official Charts Company. Retrieved 10 June 2014.
  62. 1 2 3 4 "Business as Usual – Awards". AllMusic . Retrieved 1 June 2013.
  63. ↑ "CASH BOX Top 100 Singles – Week ending JANUARY 22, 1983". Cash Box . Archived from the original on 11 September 2012.
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