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  • Men At Work charged with Plagiarism for "Down Under"

    Posted by Otis Day

    Men at work

    Men At Work vs. The Man: '80s Band Charged With Plagiarism

    Posted Thu Feb 4, 2010 12:30pm PST by Lyndsey Parker in Stop The Presses!

    Allegations of plagiarism in the music business are nothing new--not even a Beatle, George Harrison, was safe from such charges, and everyone from Coldplay to Larry "Pants On The Ground" Platt has been accused of artistic thievery. The latest artist to face the music, to speak, is '80s Australian band Men At Work, and in this particular case, a judge has quite shockingly ruled against the band. Apparently this judge thinks Men At Work weren't working hard enough when coming up with original ideas for their biggest and most iconic hit, "Down Under." .

    This week Australian Federal Court judge Peter Jacobson ruled that the flute passage in Men At Work's popular new wave ode to life in the lower hemisphere bears a distinctive resemblance to "Kookaburra Sits In The Old Gum Tree," an Aussie children's folk tune written 75 years ago by schoolteacher teacher Marion Sinclair. "I have come to the view that the flute riff in 'Down Under' in the 1979 recording and 1981 recording infringes on the copyright of 'Kookaburra,' because it replicates in material form a substantial part of Ms. Sinclair's 1935 work," stated the judge..

    Music company Larrikin, which acquired the rights to "Kookaburra" nearly two decades ago, filed the suit after hearing a snippet of "Down Under" played on an Australian quiz show last year. And now, after this week's ruling, Larrikin stands to collect a substantial amount of royalties (somewhere between 40 and 60 percent) from Men At Work, "Down Under" songwriters Colin Hay and Ron Strykert, and record labels Sony BMG and EMI. .

    "It's a big win for the underdog," Larrikin's lawyer Adam Simpson told Australian reporters--although, sadly, Marion Sinclair will not be seeing any of that money (she passed away long ago), and neither will any of her heirs, since the song's rights were sold to Larrikin in 1990 after Sinclair's death. .

    After the surprising ruling, Men At Work singer and songwriter Colin Hay published a lengthy and very emotional statement in Australia's Herald Sun. "The copyright of 'Kookaburra' is owned and controlled by Larrikin Music Publishing, more specifically by a man named Norm Lurie. Larrikin Music Publishing is owned by a multi-national corporation called Music Sales. I only mention this as Mr. Lurie is always banging on about how he's the underdog, the little guy. Yet, he is part of a multi-national corporation just like EMI Music Publishing. It's all about money, make no mistake," he wrote..

    You know, Colin has a point..

    "It is indeed true, that Greg Ham (not a writer of the song) unconsciously referenced two bars of 'Kookaburra' on the flute, during live shows after he joined the band in 1979, and it did end up in the Men At Work recording," Hay conceded. "When Men At Work released the song 'Down Under' through CBS Records (now Sony Music), in 1982, it became extremely successful. It was, and continues to be, played literally millions of times all over the world, and it is no surprise that in over 20 years, no one noticed the reference to 'Kookaburra.'" .

    Well, Colin certainly has a point, there, too. .

    "Mr. Lurie claims to care only about protecting the copyright of Marion Sinclair, who sadly has passed away. I don't believe him. It may well be noted, that Marion Sinclair herself never made any claim that we had appropriated any part of her song 'Kookaburra,' and she wrote it, and was most definitely alive, when Men At Work's version of 'Down Under' was a big hit. Apparently she didn't notice either." .

    Again, Colin makes a good point. .

    Colin Hay makes many other good points, actually; his full statement can be read at http://www.heraldsun.com.au/news/men-at-works-colin-hays-statement-on-court-battle-over-down-under-and-kookaburra-in-full/story-e6frf7jo-1225826917098

    So, do you think the Australian court's ruling was fair? Are you Team Men At Work or Team Larrikin? Who's the real underdog here? Compare and contrast the two songs below:


    "This outcome will have no real impact upon the relationship that I have with our song 'Down Under,' for we are connected forever...'Down Under' lives in my heart, and may perhaps live in yours. I claim it, and will continue to play it, for as long as you want to hear it." - Colin Hay

  • Chili Supper Friday 02/05/10 for Tristan's Triumph

    Posted by Otis Day

    Our friend Julie sent this in and I sure hope you can help!


    Chili Supper for Tristan's Triumph
    Friday, February 05, 2010
    Location: St. John the Baptist School - Commons
    City of Green Bay (Brown County, WI)
    A Charity Chili Supper from 4-7 pm is being held for 18 month old Tristan Reif. Tristan is battling a rare blood disease called Langerhans Cell Hystiocytosis.
    Adults $10 Childre......n $5 AYCE homemade chili, salad, bread, soda, coffee and dessert. Benefit fund: Shoreline Credit Union Visit website for more info on Tristan's Triumph
    Website: www.caringbridge.org/visit/tristanstriumph

    Background Story

    Tristan is Battling Langerhans Cell Histiocytosis. He has a multi-system case with risk. It means the disease is in several organs including a risk organ. In Tristans case the risk organ is the C-spine.

    We first noticed a lump on Tristans head back in early April when he was about 8 months old ... and since then a battery of tests have been performed. He took a turn for the worse and became very ill on Fathers day just a few weeks ago. We learned the disease had spread and now doctors have proven the Langerhans Diagnosis. We really thought it was a cyst or just a bump but would soon find out it was so much more.

    He had his first chemo treatment today(6-29-09), and while it was difficult for such a little guy, overall it went well. Now we are just waiting to see if it will work. The next six weeks are critical.  We also give a variety of medicine at home we hope will enhance the affect and help him to feel better. The pain meds are keeping him a little more comfortable.

    We believe he is our angel and as difficult as this is....we will fight for him. 

    Shoreline Credit Union
    C\O Pamela James\Tristan Reif
    3131 Mishicot Road
    Two Rivers, WI
    (920) 793-4541

    The cause of LCH is unknown.  It may be triggered by an unusual reaction of the immune system from something commonly found in the environment. 

    Over the years, cancer treatments have been used in patients with histiocytosis. Consequently, hematologists and oncologists, who treat cancer, also treat children with Langerhans cell histiocytosis.  However, the disease is not cancer. 

    The vast majority of patients will survive the disease.  Some may develop life-long chronic problems, while others remain symptom free.  In some cases the disease is fatal.  Usually these are infants who have a rapid downhill course and do not respond to any known treatment. 

  • People would rather have a fat spouse than a bald one

    Posted by Otis Day

    otis day


    So 45% of Americans would rather have a fat spouse than a bald one?  What if you're both?  Oh yeah, then your divorced with 2 kids stuck in a booth at a fast food resturant while your friends laugh and take a picture of you.

    From UPI:

    MORRIS PLAINS, N.J., Feb. 2 (UPI) -- Forty percent of married Americans would rather their spouse be overweight than bald and 45 percent try to hide thinning hair, a U.S. survey indicates.

    The survey of 1,001 U.S. adults, conducted by Wakefield Research on behalf of Rogaine, an over-the-counter brand-name version of minoxidil made by Johnson & Johnson subsidiary McNeil-PPC Inc. that promotes hair regrowth, also says 57 percent say they are not physically attracted to people with thinning hair.

    Seventy-five percent of Americans incorrectly cite stress as a leading cause of hair loss, while 35 percent say frequently wearing a hat thins hair and 24 percent blame over-styling of hair.

    "What people don't always know is that hereditary hair loss accounts for 95 percent of all hair loss, and can affect men as early as their late teens and early 20s," Dr. Robert Leonard, founder and chief surgeon of Leonard Hair Transplant Associates and member of the board of governors for the International Society of Hair Restoration Surgery, said in a statement. "By age 40, approximately 40 percent of women will experience some degree of thinning hair."

    Unfortunately most don't realize their hair is thinning until they have lost 50 percent of it, but it's easier to keep the hair you have than to restore what you have lost, Leonard adds.

    The online -- by invitation -- survey was conducted Nov. 12-17 and has a margin of error of 3.1 percentage points.

  • PETA Wants a robot to replace Groundhog with a robot

    Posted by Otis Day

    Punxsutawney Phil

    PETA has gone off the deep end.  I knew it last year when they freaked out when Obama swatted a fly.  Now it's for SURE.  They want to replace Punxsutawney Phil with a robot groundhog.  What about Jimmy the groundhog in Sun Prairie?  Are we gonna just continue to ignore his existance?  I'm going with Jimmy...cause he DIDN'T see his shadow today...so winter is almost over.  Phil did...so down with Phil!

    Here's the story from the Christian Science Monitor:

    By Chris Gaylord / February 1, 2010

    With Groundhog Day just a few hours away, eyes turn toward Gobbler's Knob in Pennsylvania. Tuesday, Punxsutawney Phil will waddle from his hole, look for his shadow, and announce whether winter will tighten its grasp or step aside for Spring.

    But this year, People for the Ethical Treatment of Animals (PETA) thinks it's time for the nation's hairiest weatherman to enjoy an early retirement. PETA's proposal: instead of parading and manhandling the wee groundhog, replace ol' Phil with a robot.

    It's time to consider "retiring Phil to a sanctuary and replacing him with an electronic groundhog," says the official PETA blog. "Phil is forced to be on display year round at the local library and is denied the ability to prepare for and enter yearly hibernation.... Add to that the displeasure of large, screaming crowds, flashing lights of cameras, and human handling."

    Animatronics have come a long way – last year, the Horizons blog even joked that President Obama should consider a robot dog. Rather than look for its shadow, an iPhil could analyze the latest weather patterns, perhaps even project how global warning might permanently usher in an early Spring.

    Yet, won't a Phil-bot lack the cuddly charm of a real groundhog?

    One PETA commenter thought so: "I think retiring Phil is not the best idea. Is living at a library with children who love him and show him affection that horrible?" asks Adam in response to the post. "He would suffer more hardship back in the wild then continuing what he has been doing his whole life. Also when you say screaming crowds, who is screaming? He's not Bono."

    The Altoona (Penn.) Mirror, located 90 minutes southeast of Punxsutawney, ran an editorial today denouncing the proposed robot outsourcing. "We agree with William Deeley, president of the Inner Circle of the Punxsutawney Groundhog Club, who said Phil is 'being treated better than the average child in Pennsylvania.' Indeed, Phil is treated like a king, surely the envy of all of his fellow groundhogs."

    PETA's animals-in-entertainment specialist, Gemma Vaughan, wrote to Mr. Deeley that "These normally shy animals -- who are constantly on alert when they are out of their burrows -- become stressed when they are exposed to large, screaming crowds; flashing lights from perhaps hundreds of cameras; and human handling.... Other popular exhibitions have featured robotic penguins and dolphins who swim and communicate just like real animals do, and we think that an animatronic groundhog would similarly mesmerize a crowd full of curious spectators in Punxsutawney."

    Another commenter, Bri, supported PETA's idea, saying that "I think it is a good idea to retire Phil. Yeah, sure he is living a great life, but that life was not naturally meant to be for him. It would be like keeping a bear in your house to keep as a pet, when it should be in the wild. Phil is not a domesticated animal. He is a groundhog. Living with humans is not natural to a wild animal."

    My favorite thing are the comments afterwards.  One guy wrote:

    PETA has opened my eyes to the misery that all fuzzy pets suffer at the hands of their owners. I have released my dog, cat and hamster to the wild, and have replaced them with a robot dog, a robot cat, and a Roomba vacuum. I couldn't find a robot hamster.

    Maybe he should check the Roomba?

  • I will miss you "All Night Party"

    Posted by Otis Day

    After over 12 years hosting The Top 9 @ 9 on WIXX, my last night was Friday.  I'm settling into my new daytime show(9a-1p) but will miss The All Night Party.  I was lucky enough to be on longer than any night jock on any station in Wisconsin.  And we had some fun.  From Otis Theatres, to Hot Mama, to the Christmas Wish where the little girl asked me to leave and not come back, to the Krispy Kreme incident, to every wonderful, kind, crazy, messed up person that ever called up, emailed, texted, or showed up out live and said 'hey' I have never had as much fun at a 'job' as I have the last 12 years.  And the great thing?  I get to do it all over again....but this time during the day.  Right after Murphy every weekday on WIXX.  This way I can feed the kids dinner a few more times each week.  And I'm so excited.  And lucky. 

    Here are a few of the fun things that happened on the All Night Party during my tenure.


    May 8, 2007.  Papa Roach is in town for a show with Hinder.  Just after their soundcheck, and two hours before they hit the stage...they came on live and kicked the All Night Party off with a live performance of Forever that blew away the handful of lucky WIXX listeners we let into the private 'lounge'.  The rest of us got to hear it live on WIXX. 


    September 21, 2006.  On a whim...I decided it would be fun to go to the sales offices in the old building downtown and hide all of their chairs.  And I mean ALL of them.  Conference rooms, desks, waiting area....every single one(well, watch it and you'll see that's not quite true.)  They were NOT happy.


    November 14, 2008.  This was the first local band to have a song make it on the Top 9 @ 9 on WIXX.  Then it went number 1.  And it stayed there for over a month.  Verona Grove!

    Thank you for letting me play on the radio every night for the last 12 years!  Now I'll do it during the day.  Please vote for the Top 9 @ 9 with Aaron "A-Man" weeknights after 7 at 406 1011 or 1 800 USA WIXX.

  • R.I.P. 'How Bizarre' guy

    Posted by Otis Day

    From Yahoo.com

    WELLINGTON (Reuters) – New Zealand musician Pauly Fuemana, who found international fame with his country's biggest selling record ever, "How Bizarre," died in hospital on Sunday after a short illness, according to media reports.

    The 40-year-old recorded under the name OMC, or Otara Millionaires Club, whose 1995 single "How Bizarre" reached No. 1 in eight countries, including Canada, Australia and Ireland. It peaked at No. 4 on the radio chart in the United States.

    The deceptively upbeat song -- whose title was inspired by a ubiquitous catchphrase -- revolved around peculiar encounters with policemen and circus performers. But behind the catchy melody and Mariachi horns lurked a darker story, hinting at Fuemana's upbringing in a crime-infested suburb of New Zealand's biggest city.

    "I put a lot of hidden stories in there so people could read between the lines and sense it for what it is instead of telling them, 'Yeah, we got pulled over by the cops, and my mate got his head smashed in, and we got arrested, and they found some pot on him,'" Fuemana told Reuters in a 1997 interview.

    Fuemana failed to match the success of "How Bizarre," and was declared bankrupt in 2006, losing his house and other assets, including his songwriting royalties.

    The Otara Millionaires Club was originally a rap group named for a suburb of Auckland where offshoots of Los Angeles' Crips and Bloods gangs reigned amid fenced-off schools, run-down buildings and curfews. Brandishing machetes, the preferred means of settling gang disputes, the band would throw bottles at fans to hype them up.

    When things got too hot, Fuemana quit the group in early 1995, took the name with him and recorded "How Bizarre" as a solo artist under the abbreviated moniker. It was produced and co-written by Alan Jansson .

    The follow-up album of the same name, made for just US$25,000, was released worldwide by PolyGram the following year.

    After Fuemana's star faded he kept a low profile. He and Jannson reunited in 2007 to release a single "4 All of Us."

    Radio New Zealand said Fuemana had been ill for several months and was surrounded by his family and friends when he died in Auckland.

    (Writing by Belinda Goldsmith, Editing by Dean Goodman)

  • Elton John is gaga over Gaga

    Posted by Otis Day

    They sent us a copy of the New Lady Gaga last week called 'Speechless.'  I remember we were listening and thinking, 'This is AMAZING!!!!'  Then we got to see it performed last night with Elton John(sounds like an Elton song anywyas) and then mixed into 'Your Song.'  Increcible. 

     Is it just me...or were the Black Eyed Peas kinda boring?

    Pink had the performance of the night.  Yes that is her doing the stunt AND singing at the same time.

    Green Day goes Broadway.

  • Brett Favre mic'd up

    Posted by Otis Day

    Does this video show that it really is about the 'love of the game?' 

  • Ooops!

    Posted by Otis Day


    A High School coach in Kansas is having a little prank pulled on him.  He's been told if he hits a halfcourt, blindfolded shot he'll win tickets to the Final Four.  The entire auditorium is in on it.  The kids are going to scream like crazy when he misses(This is an impossible shot as they blindfold him and spin him around before moving him to half court.)  He made it.  Ooops!

  • Most embarrassing thing ever

    Posted by Otis Day

    picaso painting

    Woman falls and rips a priceless Picasso Painting.


    What's the most embarrassing thing you've done in public?  I called someone Maa'm when they were a sir when I worked at a Hardee's when I was 15.  What's yours? 

    From yahoo:

    NEW YORK (AFP) – A significant Pablo Picasso painting was damaged after a woman attending art class lost her balance, fell into "The Actor" and tore it, The Metropolitan Museum of Art said.

    The unusually large canvas, measuring 77.25 by 45.38 inches (196 by 115 centimeters), sustained a vertical tear of about six inches (15 centimeters) in the lower right-hand corner in the accident on Friday.

    The museum, located on the eastern edge of New York's Central Park, did not elaborate on why the woman fell.

    But The Met said the damage did not impact the "focal point of the composition" and that it should be repaired in the coming weeks ahead of a major Picasso retrospective featuring some 250 works at the museum opening on April 27.

    Repair work should be "unobtrusive," it added.

    Painted in the winter of 1904-1905, the work hails from Picasso's critical Rose Period, when the artist shifted from the downbeat tones of his Blue Period to warmer, more romantic hues.

    The period also hints at Picasso's later embrace of abstraction with his signature cubist style.

    Donated to The Met by automobile heiress Thelma Chrysler Foy in 1952, "The Actor" features an acrobat striking a dramatic pose against an abstract backdrop. It was painted on a used canvas that already contained a painting.

  • Guess the ending

    Posted by Otis Day

    Let's play "Guess the ending."  It's sure not what I thought was going to happen.