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.")

The Bus From Spice World is Now an Airbnb Rental

Razzladazzla, Wikimedia Commons // CC BY-SA 4.0

This summer, Airbnb is giving 1990s kids the chance to fulfill their dream of living like a Spice Girl. As People reports, the Spice Bus, made famous by the 1997 movie Spice World, has been converted into an Airbnb rental—and it's open to guests for only a few nights in June.

After shuttling Baby, Sporty, Scary, Posh, and Ginger Spice around London in Spice World, the Spice Bus fell into disrepair. The movie prop was neglected for years until the Island Harbour Marina on the Isle of Wight purchased it and renovated it to its former glory. It went on display on the island in July 2014.

Now, the bus is moving back to London as a quirky vacation rental. On June 14 and June 15, up to three guests per night will sleep over in the bus at its temporary location at Market Square in Wembley Park. There they'll be made to feel like pop princesses (or princes). The interior has been decked out with Union Jack upholstery to match the outside paint job and zebra-print carpeting that would make Mel B proud. There are also disco balls, a neon sign that says "Girl Power," and nostalgic goodies like scrunchies and CDs.

Rates start at $129 per night, but the two announced dates have already been filled. Spice Girls fans looking to relive their childhood shouldn't give up hope: More rental dates may open starting May 22. After the bus's stint in London, it will return to its home on the Isle of Wight at the end of June.

[h/t People]

10 Amazing Variations on the Game of Thrones Theme Song

Jerome Flynn and Nikolaj Coster-Waldau in Game of Thrones
Jerome Flynn and Nikolaj Coster-Waldau in Game of Thrones
Helen Sloan, HBO

Game of Thrones has an iconic credits sequence, featuring a memorable theme song composed by Emmy Award-winning artist Ramin Djawadi. It's weirdly catchy—so much so that other artists have found increasingly unique ways to cover it over the years.

1. NESKeytar

Greig Stewart combined a Guitar Hero controller with an old school Nintendo to create the NESKeytar he used in this cover. Bonus: The NES still works as a separate gaming system!

2. Floppy Drives

Eight floppy drives playing in sync. The geekery is extreme.

3. Violin

A beautiful electric/acoustic violin version by Jason Yang.

4. Hard Rock

Roger Lima overdubs some metal riffage, drums, electric bass, and several layers of electric guitar.

5. Metal

Charlie Parra del Riego shreds.

6. Classical Guitar

Five guitar tracks!

7. Solo Piano

Bonus geek cred if you know the answer to his opening question.

8. 8-bit

YouTube commenter skinke says it best: "No? 'Game of Tones'? That's a missed opportunity if I've ever seen one."

9. Piano and Violin

Lara, coverer of video game music, takes a shot at this one, purely by ear. Wow.

10. Guitar, Cello, Drums, Shaker, and Flute

Talent show players for the win!

This post has been updated for 2019.

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