On the Saints Day for unrequited love, this wrencher given to us by David & Jimmy Ruffin.
Rod Stewart did it, and Joe Cocker, but Chris Farlowe's is my favourite version.
Play it over and over while drinking. That'll show 'em.

'As I walk this land with broken dreams
I have visions of many things
Love's happiness is just an illusion
Filled with sadness and confusion,
What becomes of the broken hearted
Who had love that's now departed?

I know I've got to find
Some kind of peace of mind

The fruits of love grow all around
But for me they come a tumblin' down.
Every day heartaches grow a little stronger
I can't stand this pain much longer
I walk in shadows
Searching for light
Cold and alone
No comfort in sight,
Hoping and praying for someone to care
Always moving and goin to where
What becomes of the broken hearted
Who had love that's now departed?

I know I've got to find
Some kind of peace of mind
I'm searching though I don't succeed,
But someone look, there's a growing need.
Oh, he is lost, there's no place for beginning,
All that's left is an unhappy ending.
Now what's become of the broken-hearted
Who had love that's now departed?

I know I've got to find
Some kind of peace of mind
I'll be searching everywhere
Just to find someone to care.
I'll be looking everyday
I know I'm gonna find a way
Nothings gonna stop me now
I'll find a way somehow
I'll be searching everywhere ...'

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We all read the papers and accept most of it as true or accurate.
We also assume that a Queen's Counsel, engaged at a daily fee that could buy a car, would know what he was talking about.

This is not always the case.
This week the news subtitles imply that Colin Hay stole a tune.
From our reading of all the reports of the stoush over this charge, we give you quotes from published claims:

"Federal Court was told today 'the owners of the copyright should be entitled to royalties earned by MenAtWork for their 1980s smash hit" because - "Kookaburra Sits in the Old Gum Tree is
a distinct and memorable Australian melody" ... 
NOT AT ALL. It is Welsh - an old song about blackbirds:
"Wele ti'n eistedd aderyn du?"

"based on the agreement under which the song was written, the copyright was actually held by the Girl Guides Association" ...  To the lyric maybe. Hay did not use the lyric.

"Kookaburra" was entered in 1934 into a competition run by the Girl Guides Association of Victoria, with the rights of the winning song to be sold to raise money "

"In court documents, Larrikin said 'Kookaburra' was written by Toorak college teacher Marion Sinclair in 1934 for a Girl Guides jamboree in Melbourne".

NOT quite correct either. Sinclair could not have had the 1934 jamboree in mind in 1932 when she wrote her lyric using the traditional Welsh melody.

Sinclair "signed over her copyright to the Libraries Board of South Australia in 1987, a year before her death, it said. In 2000, Larrikin/Festival took over the copyright in an agreement backdated to 1990".

* * * * *
So, Festival Records, buyer of the Larrikin label back-catalogue of traditional (non royalty) music,
claiming to own a traditional Welsh tune, the
lyricised winner of a 1934 contest which made it
the property of Girl Guides Victoria,
suing EMI Records as publishers of Hay's 1981 composition ... and 
the cheque, 
after The Lawyers Cut, 
will be sent to Old South Wales?.

A timeline we made from published claims by this case

1932, Marion Sinclair, put a kookaburra-themed lyric to a Traditional Welsh Folk melody (Anon.)
1934 it won a competition and became the property of The Girl Guides Of Australia.
1981, Colin Straw inserted a sample bar of this traditional Welsh melody into his 'DownUnder' composition ( note: melody not her lyric or their lyric)
1987 Marion Sinclair signed away to the Libraries Board Of South Australia) her right to her 'round' song (the one that became the property of the Guides).
1995 Festive records consumed the small Larrikin Records label.
2000 Festival/Larrikin "took over the copyright" ...

and all this legal carry-on over 2 bars of music.

The creative directors of every advertising agency know that 2-bars can be used without having to pay a royalty, so WTF?

Anyone reading headlines this week in Australia and in the international music trade mags, assumes from these headlines that Colin Straw is a plagiarist.

This is not the case, but will this be the outcome of the lawsuit?
May Mr. Straw, and good sense prevail.
Historically, musical copyright ceased 50 years from composition.
In 1956 rock-and-roll changed the nature of music and it's earning capacity.
All those hot songs in the free use public domain in 2006/7/8/9? - gee we don't think so, and sure enough, our the-PM John Howard embraced
a FreeTrade Agreement with the Bush USA which re-proscribed the deal as
"50 years from the death of the composer".
That gave them all some time to figure out how to hang onto their income from all those Chuck Berry songs he sold to his publishers for a flat $10 in 1959 anyhow.

In the event we, farking great Marshall Stacks are incarcerated for sub-judice,
1. we will finally have a fixed address,
2. be sure we will torture our captors by singing Stand By Your Man relentlessly.
Rock ON.

First published 2009, republished 2010 on the day the verdict went againts Mr Hay. This is a dreadful miscarriage of the law, by people operating at their level of incompetence.

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Knickers, Nick.

What a far cry it is from the early performing days of the revered Mr Nicholas Cave, (when his promoters pleaded unsuccessfully with the shocking but influential COUNTDOWN TV show, for a chart-enabling appearance)
that now he just seems to be everywhere.
At one stage, a Boys Next Door ligger had actually become the editor at the Australian Women’s Weekly, that bastion of median media-ness, and I truly expected to see a cover story on him.
I have been vindicated in my own opinion, by reading the brave James Valentine One-Trick Nick, which says
'Nick Worshippers grew up and became rock critics and festival directors and magazine people and anytime they could they got Nick a gig.
If Nick brought out a recording it was always five stars. If Nick wrote a film, it was incredible. Would Nick mind if we set a ballet to his music? Could Nick curate something for us, write a forward, could he sculpt something?
Then we can write about it, and put Nick on the cover of our magazine and show once again how cool we are, because we get Nick Cave'.
Overland magazine published The Monarch Of Middlebrow by Anwyn Crawford who says it all for me, better than I could myself:
'it is largely this ubiquity that makes me despise Cave and his work now with the passion that perhaps only a former fan can muster. I can still listen to The Birthday Party and find Cave’s sordid fantasies of woman-pie, kewpie dolls and six-inch gold blades stuck ‘in the head of a girl’ exhilarating and disturbing in equal measure. It hasn’t taken fifteen years for Cave’s misogyny to dawn on me, but at least in 1981 no-one was trying to cover over his sexual obsessions with the tasteful drapery of redeemed Christian, reformed addict, doting father and national icon'.
At Crikey.com's design blog the discussion was about clothes, one pair of very tight blood-red knickers you saw above. These were photographed by ex-Melbourne-Punk-Scenester, now as world famous as Annie Leibovitz - Polly Borland,
in tight close-up at the very seam of their reason for existing, and
as a result, censored by eebay (the hypocrites who bank secretively in Suisse).

Despite the eloquent opinion of Sophie Cunningham –
'The image takes the old adage that sex sells though that, in itself, isn’t the problem to my mind. What I’m not keen on is that it’s an incredibly passive and vulnerable image that invites imagined violation and is a bit of a ‘fuck you’ to women who want to buy the book. I’d also note that it gets tiresome that in the old ’sex sells’ line, it’s usually women’s body’s who do the selling, and disembodied bits of them at that' ...
being printed right there on Crikey for all commentors to read, my pal Bwca Brownie was flamed for daring to suggest Emperor Cave wears as little as the poor bloodied Bunny.

Recently at a bloggers house I saw his Leonard Cohen DVD documentary where N.E.Cave is asked for his opinion (see? he is everywhere) and mentions being impressed that a girl in his country home town had a Cohen album (this must have been prior to 1976 and she probably bought the LP mail-order from where I worked at Dr.Pepper's Records in Collins Street.) and that it had influenced him for life.
I thought at the time The Real Story is That Girl In Warracknabeal.

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