The Time John Fogerty Was Sued for Ripping Off John Fogerty

Craig Barritt / Getty Images for Samuel Waxman Cancer Research Foundation
Craig Barritt / Getty Images for Samuel Waxman Cancer Research Foundation

In 1993, former Creedence Clearwater Revival singer John Fogerty found himself at the center of a case being argued before the United States Supreme Court. The country’s highest court wasn’t debating whether Bayou Country or Green River was the superior CCR album. Instead, Fogerty was in the middle of an important, somewhat obscure corner of copyright law.

The seeds for Fogerty’s day in court traced back 23 years to 1970. That April, CCR released the Fogerty-penned “Run Through the Jungle” as a single that would eventually be certified gold by the RIAA. “Run Through the Jungle” is a solid tune, but it didn’t really grab headlines until 1985 when Fogerty released a solo track called “The Old Man Down the Road.”

“The Old Man Down the Road” is a pretty nice song, too; it even cracked the top 10 on the singles charts. One person wasn’t a fan, though. Saul Zaentz, who owned CCR’s old label Fantasy Records, also owned the copyright to “Run Through the Jungle.” Zaentz felt that “The Old Man Down the Road” was simply “Run Through the Jungle” with different words. In other words, John Fogerty had plagiarized a John Fogerty song to which he didn’t own the copyright.

Zaentz felt he had a case, so he sued Forgerty in federal court for copyright infringement.

(It’s worth noting that Zaentz and Fogerty weren’t on the best of terms in the first place. The same 1985 album that featured “The Old Man Down the Road,” Centerfield, also included the tracks “Mr. Greed” and “Zanz Kant Danz.” Critics and fans saw these songs as pointed attacks on Zaentz, and the label head initiated a separate $144 million defamation lawsuit that claimed Fogerty portrayed him as “a thief, robber, adulterer, and murderer.” The two sides settled that suit out of court.)

Defamation aside, was there any merit to the copyright claims? Have a listen and decide for yourself:

"Run Through the Jungle"

“The Old Man Down the Road”

The case ended up before a jury in Federal District Court in San Francisco in late 1988. The two-week trial featured Fogerty taking the witness stand with guitar in hand to explain that yes, the two songs may have sounded somewhat similar, but they were both variations on his signature “swamp rock” style. Simply put, of course two John Fogerty songs sounded the same.

This logic seemed pretty sound to the jury. It only took two hours of deliberation for the jury to determine that the two songs didn’t meet the legal standard of being “substantially similar” that would have constituted copyright infringement. The Fogerty camp let out a collective “huzzah!”

Encore!

The real legal action was just warming up, though. Since Fogerty had successfully defended himself against Fantasy Records’ suit, he sought reimbursement for his attorney’s fees. No dice. If the plaintiff, Fantasy, had been successful in its suit against Fogerty, the label would have been able to seek its lawyer fees from the musician. Since Fogerty had been a prevailing defendant, though, the court ruled that he could only seek fees if he could show that Fantasy’s suit was frivolous or had been made in bad faith. Fantasy’s suit may not have panned out, but it didn’t fit those criteria.

This decision put Fogerty in a sticky spot. Sure, he had won the case, but he was on the hook for $1.09 million in fees for his attorneys and those of his current label, Warner Brothers. Fogerty and his team didn’t think this arrangement was very fair, so they appealed the decision. In 1993 the United States Court of Appeals for the Ninth Circuit shot down that appeal, though, on the same grounds—the original suit had been neither frivolous nor brought in bad faith.

After that failed appeal, Fogerty v. Fantasy – which would be an awesome title for a Fogerty concept record about battling elves, by the way – ended up in front of the Supreme Court. Fogerty’s camp made the same argument: that it made no sense to have a dual standard for plaintiffs and defendants seeking reimbursement for lawyer fees under the Copyright Act of 1976.

In March 1994, the Supreme Court issued a 9-to-0 decision in favor of Fogerty. Chief Justice William H. Rehnquist wrote that there was nothing in the Copyright Act of 1976 that implied that Congress wanted anything other than a level playing field when it came to awarding attorney’s fees to the prevailing party. (Rehnquist also hinted at a bit of Creedence fandom, writing that CCR "has been recognized as one of the greatest American rock and roll groups of all time.")

Top 50 Best-Selling Artists of All Time

Paul McCartney of The Beatles and Mick Jagger of The Rolling Stones sit opposite each other on a train at London's Euston Station.
Paul McCartney of The Beatles and Mick Jagger of The Rolling Stones sit opposite each other on a train at London's Euston Station.
Victor Blackman, Express/Getty Images

Who are America’s all-time favorite musicians and bands? When it comes to the best-selling artists of all time, The Beatles still rule—yes, even a half-century after their breakup. According to the Recording Industry Association of America (RIAA), these are the 50 best-selling artists of all time.

  1. The Beatles

Albums sold: 183 million

  1. Garth Brooks

Albums sold: 148 million

  1. Elvis Presley

    Elvis Presley is seen playing the guitar in his 1966 film, 'Spinout'
    Hulton Archive/Getty Images

Albums sold: 146.5 million

  1. Eagles

Albums sold: 120 million

  1. Led Zeppelin

Albums sold: 111.5 million

  1. Billy Joel

Albums sold: 84.5 million

  1. Michael Jackson

Albums sold: 84 million

  1. Elton John

    Elton John plays a concert in 2008.
    LENNART PREISS/AFP/Getty Images

Albums sold: 78.5 million

  1. Pink Floyd

Albums sold: 75 million

  1. AC/DC

Albums sold: 72 million

  1. George Strait

Albums sold: 69 million

  1. Barbra Streisand

    Barbra Streisand
    Terry Fincher, Express/Getty Images

Albums sold: 68.5 million

  1. The Rolling Stones

Albums sold: 66.5 million

  1. Aerosmith

Albums sold: 66.5 million

  1. Bruce Springsteen

Albums sold: 66.5 million

  1. Madonna

Albums sold: 64.5 million

  1. Mariah Carey

    Mariah Carey performs during the 2019 Billboard Music Awards at MGM Grand Garden Arena on May 1, 2019 in Las Vegas, Nevada
    Ethan Miller, Getty Images

Albums sold: 64 million

  1. Metallica

Albums sold: 63 million

  1. Whitney Houston

Albums sold: 58.5 million

  1. Van Halen

Albums sold: 56.5 million

  1. Fleetwood Mac

Albums sold: 54.5 million

  1. U2

    The Edge and Bono of the rock band U2 perform at Bridgestone Arena on May 26, 2018 in Nashville, Tennessee
    Jason Kempin, Getty Images

Albums sold: 52 million

  1. Celine Dion

Albums sold: 50 million

  1. Neil Diamond

Albums sold: 49.5 million

  1. Journey

Albums sold: 48 million

  1. Kenny G

    Kenny G performs onstage during the "Clive Davis: The Soundtrack of Our Lives" Premiere Concert during the 2017 Tribeca Film Festival at Radio City Music Hall
    Noam Galai, Getty Images for Tribeca Film Festival

Albums sold: 48 million

  1. Shania Twain

Albums sold: 48 million

  1. Kenny Rogers

Albums sold: 47.5 million

  1. Alabama

Albums sold: 46.5 million

  1. Eminem

    Eminem performs onstage during the 2018 iHeartRadio Music Awards which broadcasted live on TBS, TNT, and truTV at The Forum on March 11, 2018 in Inglewood, California
    Kevin Winter, Getty Images for iHeartMedia

Albums sold: 46 million

  1. Bob Seger & The Silver Bullet Band

Albums sold: 44.5 million

  1. Guns N’ Roses

Albums sold: 44.5 million

  1. Alan Jackson

Albums sold: 43.5 million

  1. Santana

Albums sold: 43.5 million

  1. Taylor Swift

    Taylor Swift performs onstage at 2019 iHeartRadio Wango Tango presented by The JUVÉDERM® Collection of Dermal Fillers at Dignity Health Sports Park on June 01, 2019
    Rich Fury, Getty Images for iHeartMedia

Albums sold: 43 million

  1. Reba McEntire

Albums sold: 41 million

  1. Eric Clapton

Albums sold: 40 million

  1. Chicago

Albums sold: 38.5 million

  1. Simon & Garfunkel

    Pop duo Simon and Garfunkel, comprising (L-R) singer, Art Garfunkel and singer-songwriter, Paul Simon, performing on ITV's 'Ready, Steady, Go!', July 8, 1966
    Hulton Archive/Getty Images

Albums sold: 38.5 million

  1. Foreigner

Albums sold: 38 million

  1. Rod Stewart

Albums sold: 38 million

  1. Tim McGraw

Albums sold: 37.5 million

  1. Backstreet Boys

Albums sold: 37 million

  1. 2 Pac

Albums sold: 36.5 million

  1. Bob Dylan

    Bob Dylan
    Evening Standard/Getty Images

Albums sold: 36 million

  1. Def Leppard

Albums sold: 35.5 million

  1. Queen

Albums sold: 35 million

  1. Dave Matthews Band

Albums sold: 34.5 million

  1. Britney Spears

    Britney Spears performs at the 102.7 KIIS FM's Jingle Ball 2016
    Christopher Polk, Getty Images for iHeartMedia

Albums sold: 34.5 million

  1. Bon Jovi

Albums sold: 34.5 million

8 Facts About David Bowie's 'Space Oddity'

Express/Express/Getty Images
Express/Express/Getty Images

Fifty years ago, on July 20, 1969, astronauts walked on the Moon for the first time. Just a few weeks earlier, another space-age event had rocked the world: David Bowie’s single “Space Oddity” hit airwaves. The song, whose lyrics tell the story of an astronaut’s doomed journey into space, helped propel the artist to icon status, and five decades later, it’s still one of his most popular works. In honor of its 50th anniversary, here are some facts about the stellar track.

1. "Space Oddity" was inspired by 2001: A Space Odyssey.

Many listeners assumed that "Space Oddity" was riffing on the Apollo 11 Moon landing of 1969, but it was actually inspired by a Stanley Kubrick film released a year earlier. Bowie watched 2001: A Space Odyssey multiple times when it premiered in theaters in 1968. “It was the sense of isolation I related to,” Bowie told Classic Rock in 2012. “I found the whole thing amazing. I was out of my gourd, very stoned when I went to see it—several times—and it was really a revelation to me. It got the song flowing.”

2. "Space Oddity" was also inspired by heartbreak.

The track was also partly inspired by the more universal experience of heartbreak. Bowie wrote the song after ending his relationship with actress Hermione Farthingale. The break inspired several songs, including “Letter to Hermione” and “Life on Mars,” and in “Space Oddity,” Bowie’s post-breakup loneliness and melancholy is especially apparent.

3. "Space Oddity" helped him sign a record deal.

In 1969, a few years into David Bowie’s career, the musician recorded a demo tape with plans to use it to land a deal with Mercury Records. That tape featured an early iteration of “Space Oddity,” and based on the demo, Mercury signed him for a one-album deal. But the song failed to win over one producer. Tony Visconti, who produced Bowie’s self-titled 1969 album, thought the song was a cheap attempt to cash in on the Apollo 11 mission, and he tapped someone else to produce that particular single.

4. The BBC played "Space Oddity" during the Moon landing.

"Space Oddity" was released on July 11, 1969—just five days before NASA launched Apollo 11. The song doesn’t exactly sound like promotional material for the mission. It ends on a somber note, with Major Tom "floating in a tin can" through space. But the timing and general subject matter were too perfect for the BBC to resist. The network played the track over footage of the Moon landing. Bowie later remarked upon the situation, saying, "Obviously, some BBC official said, 'Oh, right then, that space song, Major Tom, blah blah blah, that’ll be great. 'Um, but he gets stranded in space, sir.' Nobody had the heart to tell the producer that."

5. David Bowie recorded an Italian version of "Space Oddity."

The same year "Space Oddity" was released, a different version David Bowie recorded with Italian lyrics was played by radio stations in Italy. Instead of directly translating the English words, the Italian songwriter Mogul was hired to write new lyrics practically from scratch. "Ragazzo Solo, Ragazza Sola" ("Lonely Boy, Lonely Girl") is a straightforward love song, and Major Tom is never mentioned.

6. Major Tom appeared in future songs.

Major Tom, the fictional astronaut at the center of "Space Oddity," is one of the most iconic characters invented for a pop song. It took a decade for him to resurface in David Bowie’s discography. In his 1980 single "Ashes to Ashes," the artists presents a different version of the character, singing: "We know Major Tom's a junkie/Strung out in heaven's high/Hitting an all-time low." Bowie also references Major Tom in "Hallo Spaceboy" from the 1995 album Outside.

7. "Space Oddity" is featured in Chris Hadfield's ISS music video.

When choosing a song for the first music filmed in space, Canadian astronaut Chris Hadfield naturally went with David Bowie’s out-of-this-world anthem. The video above was recorded on the International Space Station in 2013, with Hadfield playing guitar and singing from space and other performers providing musical accompaniment from Earth. Some lyrics were tweaked for the cover. Hadfield mentions the "Soyuz hatch" of the capsule that would eventually shuttle him to Earth.

8. "Space Oddity" played on the Tesla that Elon Musk sent to space.

Dummy in Tesla roadster in space with Earth in background.
SpaceX via Getty Images

In 2018, Elon Musk used SpaceX's Falcon Heavy rocket to launch his Tesla Roadster into space. The car was decked out with pop culture Easter eggs—according to Musk, "Space Oddity" was playing over the car’s radio system during the historic journey. The dummy’s name, Starman, is the name of another space-themed song on Bowie's 1972 masterpiece The Rise and Fall of Ziggy Stardust and the Spiders from Mars.

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