Love is in the Air: Songwriters sue US pop duo, Air France over alleged copyright breach
Updated
The songwriters behind one of Australia's biggest pop hits, Love Is In The Air, are taking court action against an American band and Air France for allegedly ripping off the tune.
Written by Harry Vanda and the late George Young, the song has been a hit since it was first performed in 1977.
Vanda, Young and copyright holder Boomerang Investments allege the band Glass Candy breached copyright with their 2011 song, Warm In The Winter, by using the same line "love is in the air", the same melody for that line, and that the subsequent chordal structure of both songs is the same.
In a judgement, Federal Court Justice Nye Perram said on the facts presented so far it appeared Warm In The Winter contained a substantial part of Love is in the Air.
"I have listened to both songs and doing so arguably supports that view," he wrote.
"I am satisfied, therefore, that there is a prima facie case."
He gave Boomerang Investments leave to serve documents against Glass Candy songwriters Johnny Padgett and Lori Monahan.
Documents had already been served against Kobalt Music Publishing and Air France.
The French national carrier used Glass Candy's song in their 2015 advertising campaign, France is in the Air.
'There's probably 500 cover versions out there'
Love is in the Air was a massive hit for singer John Paul Young, who said it was best for people to decide for themselves.
"I've made up my mind but I'm not going to say anything publicly. But you know, it's there for all to hear," he said.
Young said he was pleased the matter was being dealt with.
"You can be flattered about these things. You can be insulted by these things. It is what it is," he said.
"It's like I say, 'It's going to be in the hands of legal people now', so the less I say, the better it is, I think."
Young said the 40-year-old song was unique, "it's the gift that keeps on giving for me".
"When you enter this business you don't expect to get a song like that. I don't think anybody does. If we knew how to write a song like that again, we would have done it by now," he said.
Whether or not given the age of the song it could be considered valid that other artists use the song, Young said he was not sure
"It hasn't been proven that it's been used yet," he said.
"Look, there's probably 500 cover versions of Love Is In The Air out there.
"It's just one of those songs. I think even Frank Sinatra had a crack at it — it's a very well-loved song."
Harry Vanda, George Young and Boomerang Investments commenced the legal action last year before George Young died.
The ABC has attempted to contact Glass Candy, Kobalt Music Publishing and Air France.
Topics: copyright, music, music-industry, australia, united-states
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