Aussie pop hit Love Is In The Air was 'partly copied' in ad music
Australian hit Love Is In the Air was partly copied by American duo, a judge ruled in copyright infringement case
An American duo copied part of the musical work in the Australian pop hit Love Is In the Air, a judge has ruled in a copyright infringement lawsuit.
Describing the copying as "flagrant", Justice Nye Perram said a Federal Court hearing would be held later to assess damages.
The song was written by Harry Vanda with the late George Young in 1977 and singer John Paul Young made it one of the country's biggest pop hits.
Vanda, George Young's estate, Boomerang Investments and two Australian copyright bodies sued American duo Glass Candy, its songwriters Johnny Padgett and Lori Monahan, Kobalt Music Publishing and Air France.
During the hearing, the judge was played music videos showing Young performing the hit, Glass Candy performing their electro-pop song Warm In The Winter, and an Air France advertisement using part of the duo's version which includes the words France Is In The Air.
In his 122-pages complex judgment, Justice Perram dismissed a number of the claims including those related to streaming or downloading from digital platforms.
But he found Glass Candy consciously copied a portion of the musical work in Love Is In The Air, while Kobalt was not liable for their actions.
The melody and lyric "France is in the Air" also was copied, being substantially identical to the same line in the Australian song.
The judge said the claim by Mr Vanda and the estate of Mr Young against Glass Candy and Air France for infringement of their moral rights is to be dismissed.
But Boomerang was entitled to damages for downloads of Warm in the Winter.
."The copying was flagrant and Boomerang is entitled to be heard on additional damages," he said.