How Men at Work ended up with a lawsuit after a quiz show
When Men at Work released their debut album, Business as Usual, they became synonymous with the pop-rock scene of the era and effectively put Australia on the musical map. Spearheaded by the hit single ‘Who Can It Be Now?’ followed by the iconic ‘Down Under’, the album soared to the top of the charts in multiple countries, earning critical acclaim and popularity worldwide.
In the realm of pop music, Men at Work didn’t just thrive. They introduced new nuances that defined the era. ‘Down Under’, in particular, became a cultural symbol for Australia, celebrating the nation’s identity while showcasing the band’s storytelling abilities and flair for crafting memorable hooks.
According to various reports, Men at Work were deemed the “highest-paid unsigned band” in Australia until securing their initial record deal in 1981. Their breakthrough in the US sparked speculation in the media about a potential era of Australian domination akin to The Beatles. While this prediction didn’t fully materialise, Men at Work’s invasion undoubtedly resulted in ‘Down Under’ becoming the unofficial anthem of the country.
Despite its harmless roots, however, ‘Down Under’ faced a copyright lawsuit after a joke question on a music quiz show sparked an awkward situation. On the show Spicks and Specks, contestants were tasked with working out which Australian children’s song featured in the famous Men at Work track. Everyone was stumped, but the song contained some portions of the 1934 track ‘Kookaburra Sits in the Old Gum Tree’.
Although ‘Down Under’ only contained two bars of the original song, the company that owned the rights sued for royalties and won. After the lawsuit, things took a pretty horrible turn for Men At Work flautist Greg Ham. He had to sell his home and allegedly got stuck in a spiral of alcohol and drug abuse. However, the lawsuit and subsequent ruling generated considerable attention and discussion within the music industry regarding copyright, sampling, and the boundaries of musical influence.
Originally the B-side to their first independent single, ‘Keypunch Operator’, ‘Down Under’ underwent a significant transformation for Business as Usual. The band elevated the tempo from the original languid pace while Ham, with his inventive approach, adapted the song’s initial guitar riff into a flute solo, creating its distinctive opening hook. Although the revised ‘Down Under’ was well-received, the band chose ‘Who Can It Be Now?’ as their primary major-label single.
Securing the release of Business as Usual in the US through their American parent label, Columbia Records, required persistent efforts from the band’s management, spanning six months. Throughout 1982, Men at Work toured alongside Fleetwood Mac, progressively cementing their reputation across North America. ‘Down Under’ gained traction on pop stations, propelling Men at Work to become one of the most sought-after rock bands in the world.
