Australian singer wades in over ‘Waltzing Matilda’ trademark row

Singer John Williamson has expressed outrage at an attempt by film company WM Productions to extend its trademark rights to the phrase ‘Waltzing Matilda’, the name of a popular Australian ballad.

Williamson, known for albums such as “Mallee Boy” and “Mulga to Mangoes”, said that he would rather go to jail than pay someone to use the name.

The singer is known for his cover version of the popular song, first written in 1895.

In June, Australia-based WM Productions applied to extend the classes of its ‘Waltzing Matilda’ trademark to cover film merchandise.

WM Productions has held the rights to the ‘Waltzing Matilda’ trademark covering film production since 1998 but is seeking to expand its rights as it looks to create a Waltzing Matilda film and would prevent the name being used for merchandise and promotions.

“If I had to pay someone to use the word Waltzing Matilda [on merchandise] then I would refuse and I would rather go to jail,” Williamson said.

“Waltzing Matilda” was written by Australian musician Banjo Paterson in 1895 and is about a travelling worker who sets up a camp and steals a sheep.

Before being arrested, the worker commits suicide in a nearby lake. The song finishes with the worker haunting the place where he died.

The National Library of Australia has previously said the song has attained the “ status as the nation’s unofficial national anthem”.

Australian actor Xavier Samuel, who appeared in the “Twilight” film series, is to star as Paterson and the film will depict the singer’s life in Queensland.

WM Productions could not be reached for comment but has reportedly said it respects the iconic nature of the song.

Miriam Stiel, partner at law firm Allens in Sydney, said the outrage is “not surprising given the cultural significance of Waltzing Matilda as Australia's unofficial national anthem” .

But, she said, it is important to remember that there are “limitations to the protection afforded by a trademark registration”, such as “the defences available to a trademark infringement claim including prior use and use in good faith to indicate a characteristic of the relevant goods or services”.