text: black tears " black tears " is a song by australian alternative rock band powderfinger , from their sixth studio album dream days at the hotel existence . the song is an acoustic ballad in a folk music style , beginning with one guitar and a lead vocal , later introducing a guitar with a synthesised effect from the first chorus . following the dream days at the hotel existence release , live versions of the song have been released on other recordings . the song did not cause the release of the album to be delayed , despite claims that the song 's lyrics could interfere with the 2004 palm island death in custody case . controversy on 2 may 2007 , mx , an afternoon newspaper in brisbane , revealed that the defence team for senior sergeant chris hurley would be referring the song to queensland attorney - general kerry shine , due to concerns that the song 's lyrics could prejudice the 2004 palm island death in custody , where hurley had been charged for manslaughter . on 2 may hurley 's lawyer glen said " the content and proposed timing of the song ’ s release raises some serious concerns regarding mr hurley ’ s trial . " it was claimed by the defence team that the song 's lyrics were similar to the events that took place surrounding the death of mulrunji . the band 's manager , paul piticco , conceded the song was about the case but insisted they were not specific enough to cause a problem . the album was set to be released 10 days before hurley would face townsville supreme court , on 12 june . there were concerns that the case 's jury could potentially be biased by the lyrical content . due to the concerns raised , powderfinger sought legal advice . then queensland premier , peter beattie , who had legal experience , said the song was likely to be protected by free speech laws , noting " the matter would have to go pertain specifically to the issues of the trial " for a " prejudice " argument to be raised . several days after the initial threats of legal action , powderfinger backed down and announced they would change the song . the band 's lawyers sent shine a copy of the new , altered lyrics . it was then reported that an analysis of the new lyrics found they were safe to release . this was the version that would later be used on the album . a statement from shine 's office stated that " crown law has examined the lyrics . crown law have advised mr shine 's office the lyrics raise no legal concern . " in a june 2007 interview , fanning noted that powderfinger hoped to re - release the original version of the song in the future , after the case had been settled . he also said that he was not angry about having to change his lyrics , but lamented the lack of australian musicians willing to challenge the status quo . the legal threats against the song were attacked heavily by some writers , including andrew stafford of the bulletin . he noted that it was highly unlikely " black tears " would be released as a single , so potential jurors would need to " buy a copy of dream days in the ten days between its release and hurley 's trial just to hear the song " . he also noted that piticco had stated the lyrics could just as easily refer to a death in brisbane , not on palm island . musical content in a media statement published on the band 's myspace web page , lead singer bernard fanning , who originally wrote the song , said the inspiration came to him after " a trip that i took last year to uluru " . he said it discussed the issue of people climbing the rock , which is sacred in aboriginal folklore , despite " the prevalence of literature and signage " asking people not to . fanning compared climbing uluru to climbing the vatican , which he noted would be highly offensive to catholics . fanning said the second part of the song , which contained the controversial lyrics , was written following the queensland director of public prosecutions passing down its finding in the death in custody case . he said that the band believed the song would have no bearing on the legal procedure , they would nonetheless include an alternative version of the song on dream days at the hotel existence . the alternate version of the song still contains the lyrics an island watchhouse bed / a black man 's lying but not the lyrics that followed . upon announcing that the album would contain an altered version , fanning noted his initial reasons for the song , stating " to bring attention to the obvious disadvantage that is still being suffered by aboriginal people in this country " , which he said included the issue of " indigenous deaths in custody " . despite the claimed lyrical change , some early versions of dream days at the hotel existence were shipped with a version of " black tears " that included the controversial lyrics , which were also published on the band 's website . release history original version dream days at the hotel existence – track 9 live performances across the great divide tour dvd – disc 1 , track 11 i don 't remember – itunes only – track 2