Judith Durham, one of Australia’s most recognisable voices, has passed away at 79. An icon of the Australian music industry as lead singer for The Seekers and a solo artist, hers was an enduring female voice in an industry still dominated by men. Georgy Girl, A World of Our Own and The Carnival Is Over are just a few of the songs that will always ring best with her vocals. Her artistry and approach was an alternative to the swinging 60s in popular music. There were no gimmicks to her art – just a soaring voice delivered with precision. Born Judith Mavis Cock in the Melbourne suburb of Essendon in 1943, she studied classical piano at the University of Melbourne Conservatorium. Through connections at the university and in the local scene, she continued as a gifted musician and developed a following in the jazz community. Using her mother’s maiden name she released her first EP, Judy Durham, with Frank Traynor’s Jazz Preachers. The liner notes introduced her as “the most promising and talented vocalist today”. She was 19. Around this time Durham also began an office job where she met Athol Guy. After a quick introduction, Durham was invited to play with Guy, Keith Potger and Bruce Woodley at a local coffee shop. From here, The Seekers were born. For a short time Durham recorded with both Frank Traynor and The Seekers for W&G Records, providing, as jazz historian Bruce Johnson described in The Oxford Companion to Australian Jazz, an important link between jazz, folk and what would become pop mainstream. The Seekers Originally considered a folk and gospel group, The Seekers sound soon became distinct – in A World of Our Own, as their 1965 song declared. Their debut album, Introducing the Seekers, was released in 1963. In 1964, the group travelled to the UK. Soon after arriving, The Seekers recorded the single I Know I’ll Never Find Another You at Abbey Road Studios. When it was released in 1965 it made them the first Australian act to gain number one in the UK. When The Seekers’ impact was examined by the National Film and Sound Archive, curator Jenny Gall quoted another Australian popular music legend, Lillian Roxon, who described the band as “one cuddly girl-next-door type […] and three sober cats who looked like bank tellers”. Like journalist Roxon, Durham was a pioneering woman making it in and for Australian music in the epic pop culture centres of the US and UK in the booming 1960s. Although apparently unassuming, she was not just “the girl next door”, but a fundamental talent who worked hard for her achievements. International fame Durham said the band had originally only planned to go overseas for “an adventure […] with no idea we would stay in England and become popstars”. Intentionally or not, they became some of the biggest artists in the world during the 1960s. When they won the 1965 NME award for Best New Group they beat The Rolling Stones and The Beatles. In the US they earned similar attention. Georgy Girl became the number one single in the US in 1967, beating Tom Jones, The Supremes and The Monkees. The band were named Australians of the Year in 1967. In 1968 Durham respectfully called it quits. A goodbye concert, Farewell the Seekers, was broadcast live on the BBC. It was watched by more than 10 million people. Their inevitable “best of” album appeared on the British charts for 125 weeks. In the 1970s Durham continued as a solo artist, often recording standards and covers. She returned to jazz as part of the Hot Jazz Duo in 1978 with husband Ron Edgeworth. The pair continued to work together in the years to come on a variety of projects until he died of motor neurone disease in 1994. Since that time Durham has been a patron of the Motor Neurone Disease Association of Australia and continued to fundraise for the organisation. It was one of many charities she supported. Musical storytelling She returned to The Seekers periodically for anniversary tours, as well as continuing to record her own work and with others. From jazz to folk to classical and even contemporary pop as a cameo on silverchair’s B-side English Garden, even after a stroke in 2013 she continued to work Her last release, the single All in a day’s work with Lance Lawrence in 2020, was yet another display of a love of musical storytelling. In an industry that often demands specific types of sparkle in women especially, she was physically small with a voice that loomed large. A constant in so many households of a certain age, there was nothing quite like hearing Turn Turn Turn, Morningtown Ride or The Carnival is Over on an old radio or well loved turntable. When I was lucky enough to finally see her live a few years ago it was like we were all little kids singing along for the sheer joy. Her enthusiasm and skill, even in her later years, radiated off the stage and out of the speakers. May she rest well at the never ending carnival in the sky. First published 8 August 2022 on www.theconversation.com |
The Victorian State Revenue Office announced that as of 1 July 2022 Late Settlement Interest (LSI)where it is $5k or more and the contract was entered into after 1 July 2022 be subject to stamp duty where it arises from a delayed settlement. In Victoria, penalty interest is 2% pa above the interest pursuant to the Penalty Interest Rates Act (Vic) 1983 (currently at a rate of 10%) although some contracts apply a higher rate. The SRO state that from 1 July 2022, for 12-month period you may need to re-lodge for reassessment if the LSI is $5,000.00 or more. At present, transactions that incur additional consideration resulting in Late Settlement Interest of less than $5,000.00 do not need to be re-lodged for reassessment. The SRO confirm in this 12 month period, LSI will not be part of the dutiable value ( as the concessions are based on the purchase price being below a certain amount in determining eligibility for concessions and exemptions for: Principal place of residence concession; First home buyer duty exemption, concession or reduction; Off-the-plan concession; Pensioner concession; Young farmer exemption or concession; and First Home Owner Grant. You can still settle a transaction on the duty calculation without the LSI but then you must notify the SRO within 30 days of settlement by re-lodging for reassessment and if you fail to do so the SRO may charge penalties. For more information, contact our property team on 9510 9888 |
https://www.collaw.edu.au/news/2022/05/26/entertainment-law-chelsea-donaghue
Studying law is a demanding pursuit, and every law student knows it’s easy to fall behind. For Chelsea Donaghue, being a backing singer and vocal coach meant she was often catching lectures between shows, flights, rehearsals and soundchecks. Since graduating, Chelsea has managed to marry her passions in a single career, working as a music and entertainment lawyer for Prahran firm, Sanicki Lawyers. We caught up with Chelsea to find out how she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.
How did you balance studying law alongside touring internationally?
I toured with an artist called Ruel as his backing singer and vocal coach, and my work on tour involved rehearsals, soundchecks, shows, performances for press engagements, vocal warm-ups and warm-downs, and lots of early morning flights!
Between tour and study, it was quite the juggling act, but it was the most incredible opportunity to travel and perform around the world, so I made it work. Studying whilst on tour meant my marks weren’t perfect, having to sacrifice ‘in-class participation’ marks, but I’m so glad I did it because it led to some really exciting career opportunities and I learnt a lot about how the music industry works on a global scale.
To balance tour and study, I would try to watch my lectures and do my reading in between shows and stick as close as possible to the day-to-day uni schedule so I wouldn’t fall behind. That being said, I would allow myself to put study aside and rest when I was tired. I didn’t let myself get too stressed and just did my best.
What did you study at university?
I studied a double degree of arts and law at Monash and majored in music for my arts degree. Some of the units that have proven to be particularly valuable in my area of practice are contracts, copyright, corporations law, negotiation & conflict resolution, and my research unit which focused on crown use of copyright works in Australia. I’m glad I didn’t sell my books for these units because I still refer to them regularly at work!
What did you find most helpful about your College of Law PLT experience?
Having a highly knowledgeable and approachable supervisor, the practice papers, and the overall design of course really helped. The work really is designed to equip you as a lawyer, in terms of the content and the pace. It feels like a lot of work at the time, but it is so worth it for the confidence and reassurance you feel at the end of the course when you know you’re ready to be a lawyer. I highly recommend the College of Law particularly because of the standard of supervisors. The supervisors are some of the most knowledgeable professionals in the field so you’re really learning from the best. The supervisors are also very accommodating to your needs which was a big help for me. For example, if I had a big week of work and gigs, or even if I was just utterly exhausted, my supervisor was happy to give me a few extra days for assignments if I needed it.
Some of the College subjects that have helped me the most would be ethics and professional responsibility – this unit (which is a theme throughout the entire course) encourages you to become very familiar with the professional uniform law. Knowing these rules well and always having them in mind is critical for the way you need to think as a lawyer and approach problems. Civil litigation & commercial and corporate practice were also great units for me, as they are relevant to my area of practice.
Where do you work now?
I work at Sanicki Lawyers, which is a boutique music/entertainment law firm in Prahran, and I absolutely LOVE it! A day in my life would be getting up early to get my morning walk or run in, having a coffee, getting to work and chatting with my boss, Darren, and the team about what we have on for the day. Throughout the day, my work involves reviewing, advising and marking up recording/publishing/management/license agreements, internal meetings and meetings with clients (typically artists, labels, managers, and companies in the creative field). After work, I might kick back and relax – and catch some of our clients on ‘The Voice’ – or attend rehearsals, gigs, or coaching sessions with other artists.
I am very lucky to work somewhere that encourages work/life balance and supports our creative endeavours outside of law!
Where do you hope to take your career as a lawyer and performer? What’s next for you?
I’ve worked and studied for what feels like an eternity to get to where I am, so now my focus is to work hard, continue learning and improving my skills, and grow my career as a music/entertainment lawyer at Sanicki Lawyers. I will of course continue my musical endeavours, whether that be on the stage or working with other artists. In the foreseeable future, I look forward to doing more shows with my band in and around Melbourne on weekends.
Checklist: How to merge two passions into a career
- Choose your electives wisely. For a performer like Chelsea, this could mean pursuing electives in intellectual property, copyright, contracts, conflict negotiation, and corporations law.
- Study at a pace that works for you. Law is a demanding course of study, so it’s important to be mindful about what’s manageable. While studying and working will always be a bit of a juggling act, going part-time or finding online or intensive options are advisable if you need to consider rehearsals, performances, and other commitments.
- Seek a specialist firm where your passion is a plus. Beginning a new career is a challenge for anyone, but by starting with entertainment law firm, Sanicki Lawyers, Chelsea could capitalise on her experiences as a performer to forge relationships with clients and understand industry nuances alongside legal issues.
If you would like legal advice in relation to a suspected copyright infringement or general film industry advice, visit our website sanickilawyers.com.au or call us on (03) 9510 9888.
Film conglomerate Paramount Pictures was recently hit with copyright infringement allegations by Shosh and Yuval Yonay, the widow and son of the late author of the article ‘Top Guns’. The Yonay’s claim that the rights to Ehud Yonay’s 1983 article which inspired the storyline behind the ‘Top Gun’ film, reverted back to them on 24 January 2020.
The lawsuit filed alleges that Paramount did not reapply for the rights to produce or distribute the films sequel, before the end of production and its release in May 2022. The suit documents also contend that Paramount has been on notice for 4 years that the Yonay family wished to recoup the copyright.
According to the lawsuit, the Yonay family sent a cease-and-desist letter to Paramount after the film did not finish production prior to the copyright transfer. Although Paramount denies the letters’ claims as they say the sequel film was ‘sufficiently completed’ before the rights to the article ceased.
Since the lawsuit was filed, the studio has declared that the allegations ‘are without merit’ and the film is not derived from the original article. The Yonays conversely hold that ‘Top Gun: Maverick’ is a derivative of Ehud Yonay’s 1983 article and that the film did not conclude filming until a year after the rights had ended.
The lawsuit is attempting to recover unspecified damages, profits from the sequel film’s release and to injunct Paramount from distributing the movie or other Top Gun spinoffs.
If you would like legal advice in relation to a suspected copyright infringement or general film industry advice, visit our website sanickilawyers.com.au or call us on (03) 9510 9888.
Mariah Carey, her co-writer Walter Afanasieff and the Sony Music Group are being sued by musician, Andy Stone for their well-known Christmas tune All I Want for Christmas Is You.
In a civil lawsuit filed in Louisiana, Stone alleges he co-wrote and recorded a song with the same name in 1989 and never permitted, consented or granted Mariah Carey a license to use the title. Stone claims Mariah Carey, her co-writer and Sony have ‘knowingly, wilfully and intentionally engaged in a campaign to infringe’ his copyright and have unjustly enriched from the song title. Stone is seeking damages of $US20 million (approximately $27 million) for alleged financial loss.
Stone and his band, Vince Vance & The Valiants’ version of the song allegedly received ‘extensive airplay’ in the immediate years after its release. Vince Vance & The Valiants enjoyed ‘moderate success on Billboard’s country music charts’ and presently have over 4 million streams on Spotify for their track.
Comparatively since 1994, All I Want for Christmas Is You has earned Carey an estimated $US60million in royalties. It has sold approximately 16 million copies worldwide and features heavily in the popular Christmas film, Love Actually. In December 2021 the song hit 1 billion streams on Spotify, truly demonstrating its success.
In the recently filed lawsuit, Stone claims Mariah Carey, her co-writer and Sony have ‘[exploited] the popularity and unique style of his song’. Despite the songs clearly having different sounds and lyrics, Stone maintains Carey’s use of the same song title has caused ‘confusion’ and ‘unjust enrichment’.
However on the United States Copyright Office website, 177 songs are entitled ‘All I Want for Christmas Is You’ as it is common practice in the music industry for artists to create works with the same name.
According to the ABC, it remains unclear as to why Stone has filed nearly three decades after Mariah Carey released the song. In the filed court documents, Stone’s lawyer made contact with Mariah Carey, her co-writer and Sony in April 2021 however they could not come to an agreement regarding the ‘unauthorised use of the song’.
To read the full ABC article, click here. We have a range of other Music & Entertainment blogs and Trademarks & Copyright blogs available on our website.
If you would like legal advice in relation to a suspected copyright infringement or general music and entertainment advice, visit our website sanickilawyers.com.au or call us on (03) 9510 9888.