Leah Greenblatt
February 25, 2010 AT 06:14 PM EST

Record company EMI filed a formal appeal today protesting a court ruling that the Australian band Men at Work copied a flute melody from the traditional children’s nursery rhyme “Kookaburra” in the 1982 no. 1 hit “Down Under,” according to Variety.

EMI’s claim states that similarities to two bars of the original song, whose publishing company is seeking millions of dollars in royalties from EMI, might be detected by “the highly sensitized or educated musical ear” but not by most ordinary listeners.

For a side-by-side comparison of the two melodies, click here.

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