‘Down Under’ appeal

February 26, 2010 at 12:00a.m.

‘Down Under’ appeal

SYDNEY — Record company EMI lodged an appeal Thursday against a court ruling that the Australian band Men at Work copied a flute melody from a children’s campfire song in their 1980s hit “Down Under.”

EMI said similarities to two bars of the song “Kookaburra Sits in the Old Gum Tree” might be noticed by “the highly sensitized or educated musical ear” but were unlikely to be noticed by the ordinary listener.

The company said the inclusion of the melody was at most a form of tribute to the tune written more than 70 years ago by Australian teacher Marion Sinclair for a Girl Guides competition.

Publishing company Larrikin Music, which holds the copyright for “Kookaburra,” is seeking millions of dollars in royalties from EMI and the songwriters.

Whitney’s rebuttal

NEW YORK — Though video postings of her recent performances in Australia have been less than flattering, Whitney Houston says her tour is going great — and she’s in great health. A statement released Thursday by Houston’s publicist, Kristen Foster, says: “Whitney is in great health and having a terrific time on her tour and with her fans.” That view contrasts with news reports quoting disgruntled fans who have complained about the star’s voice and performance. Video snippets of Houston struggling to hit notes in concerts in Sydney and Brisbane have circulated widely on YouTube.

Today’s birthdays

Singer Fats Domino is 82. Singer Mitch Ryder is 65. Keyboardist Jonathan Cain of Journey is 60. Singer Michael Bolton is 57. Singer Corinne Bailey Rae is 31.