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.")

10 Fast Facts About Jimi Hendrix

AFP/Getty Images
AFP/Getty Images

Though he’s widely considered one of the most iconic musicians of the 20th century, Jimi Hendrix passed away as his career was really just getting started. Still, he managed to accomplish a lot in the approximately four years he spent in the spotlight, and leave this world a legend when he died on September 18, 1970, at the age of 27. Here are 10 things you might not have known about the musical legend.

1. Jimi Hendrix didn't become "Jimi" until 1966.

Jimi Hendrix was born in Seattle on November 27, 1942 as John Allen Hendrix. He was initially raised by his mother while his father, James “Al” Hendrix, was in Europe fighting in World War II. When Al returned to the United States in 1945, he collected his son and renamed him James Marshall Hendrix.

In 1966, Chas Chandler—the bassist for The Animals, who would go on to become Jimi’s manager—saw the musician playing at Cafe Wha? in New York City. "This guy didn't seem anything special, then all of a sudden he started playing with his teeth," roadie James "Tappy" Wright, who was there, told the BBC in 2016. "People were saying, 'What the hell?' and Chas thought, 'I could do something with this kid.’”

Though Hendrix was performing as Jimmy James at the time, it was Chandler who suggested he use the name “Jimi.”

2. Muddy Waters turned Jimi Hendrix on to the guitar—and scared the hell out of him.

When asked about the guitarists who inspired him, Hendrix cited Buddy Holly, Eddie Cochran, Elmore James, and B.B. King. But Muddy Waters was the first musician who truly made him aware of the instrument. “The first guitarist I was aware of was Muddy Waters,” Hendrix said. “I heard one of his old records when I was a little boy and it scared me to death because I heard all these sounds.”

3. Jimi Hendrix could not read music.


George Stroud/Express/Getty Images

In 1969, Dick Cavett asked the musician whether he could read music: “No, not at all,” the self-taught musician replied. He learned to play by ear and would often use words or colors to express what he wanted to communicate. “[S]ome feelings make you think of different colors,” he said in an interview with Crawdaddy! magazine. “Jealousy is purple—‘I'm purple with rage’ or purple with anger—and green is envy, and all this.”

4. Jimi Hendrix used his dreams as inspiration for his songwriting.

Hendrix drew inspiration for his music from a lot of places, including his dreams. “I dreamt a lot and I put a lot of my dreams down as songs,” he explained in a 1967 interview with New Musical Express. “I wrote one called ‘First Look’ and another called ‘The Purple Haze,’ which was all about a dream I had that I was walking under the sea.” (In another interview, he said the idea for “Purple Haze” came to him in a dream after reading a sci-fi novel, believed to be Philip José Farmer’s Night of Light.)

5. "Purple Haze" features one of music's most famous mondegreens.

In the same interview with New Musical Express, it's noted that the “Purple Haze” lyric “‘scuse me while I kiss the sky” was in reference to a drowning man Hendrix saw in his dream. Which makes the fact that many fans often mishear the line as “‘Scuse me, while I kiss this guy” even more appropriate. It was such a common mistake that Hendrix himself was known to have some fun with it, often singing the incorrect lyrics on stage—occasionally even accompanied by a mock make-out session. There’s even a Website, KissThisGuy.com, dedicated to collecting user-generated stories of misheard lyrics.

6. Jimi Hendrix played his guitar upside-down.

Ever the showman, Hendrix’s many guitar-playing quirks became part of his legend: In addition to playing with his teeth, behind his back, or without touching the instrument’s strings, he also played his guitar upside-down—though there was a very simple reason for that. He was left-handed. (His father tried to get him to play right-handed, as he considered left-handed playing a sign of the devil.)

7. Jimi Hendrix played backup for a number of big names.

Though Hendrix’s name would eventually eclipse most of those he played with in his early days, he played backup guitar for a number of big names under the name Jimmy James, including Sam Cooke, Little Richard, Wilson Pickett, Ike and Tina Turner, and The Isley Brothers.

In addition to the aforementioned musical legends, Hendrix also helped actress Jayne Mansfield in her musical career. In 1965, he played lead and bass guitar on “Suey,” the B-side to her single “As The Clouds Drift By.”

8. Jimi Hendrix was once kidnapped after a show.

Though the details surrounding Hendrix’s kidnapping are a bit sketchy, in Room Full of Mirrors: A Biography of Jimi Hendrix, Charles R. Cross wrote about how the musician was kidnapped following a show at The Salvation, a club in Greenwich Village:

“He left with a stranger to score cocaine, but was instead held hostage at an apartment in Manhattan. The kidnappers demanded that [Hendrix’s manager] Michael Jeffrey turn over Jimi’s contract in exchange for his release. Rather than agree to the ransom demand, Jeffrey hired his own goons to search out the extorters. Mysteriously, Jeffrey’s thugs found Jimi two days later … unharmed.

“It was such a strange incident that Noel Redding suspected that Jeffrey had arranged the kidnapping to discourage Hendrix from seeking other managers; others … argued the kidnapping was authentic.”

9. Jimi Hendrix opened for The Monkees.

Though it’s funny to imagine such a pairing today, Hendrix warming up The Monkees’s crowd of teenybopper fans actually made sense for both acts back in 1967. For the band, having a serious talent like Hendrix open for them would help lend them some credibility among serious music fans and critics. Though Hendrix thought The Monkees’s music was “dishwater,” he wasn’t well known in America and his manager convinced him that partnering with the band would help raise his profile. One thing they didn’t take into account: the young girls who were in the midst of Monkeemania.

The Monkees’s tween fans were confused by Hendrix’s overtly sexual stage antics. On July 16, 1967, after playing just eight of their 29 scheduled tour dates, Hendrix flipped off an audience in Queens, New York, threw down his guitar, and walked off the stage.

10. You can visit Jimi Hendrix's London apartment.

In 2016, the London flat where Hendrix really began his career was restored to what it would have looked like when Jimi lived there from 1968 to 1969 and reopened as a museum. The living room that doubled as his bedroom is decked out in bohemian décor, and a pack of Benson & Hedges cigarettes sits on the bedside table. There’s also space dedicated to his record collection.

Amazingly, the same apartment building—which is located in the city’s Mayfair neighborhood—was also home to George Handel from 1723 until his death in 1759; the rest of the building serves as a museum to the famed composer’s life and work.

13 Facts About Amadeus On Its 35th Anniversary

Warner Home Video
Warner Home Video

Though much has been written about the life of Wolfgang Amadeus Mozart, the most entertaining look at the master composer's life might very well be Amadeus, Milos Forman's film about the artist's life (and rivalries), which was released on September 19, 1984.

Here's a look back at the Oscar-winning biopic that not only brought renewed interest to Mozart's music in the 1980s, but inspired Austrian rocker Falco to write the chart-topping "Rock Me Amadeus." Poor Salieri never stood a chance.

1. Amadeus began life as a Tony Award-winning play.

Russian poet/playwright Alexander Pushkin wrote a short play in 1830 called Mozart and Salieri, and playwright Peter Shaffer—who was already a Tony winner for Equus—took inspiration from that to write his own play. Amadeus played in various theaters in London beginning in 1979, then premiered on Broadway in 1980 with Ian McKellen as Antonio Salieri, Tim Curry as Mozart, and Jane Seymour as Constanze, Mozart's wife. The production won five Tonys, including Best Play and Best Actor for McKellen, who beat out Curry for the award; the two leads had been nominated in the same category.

2. Mark Hamill wanted the lead role, but Milos Forman wouldn't let him audition.

In an attempt to circumvent any typecasting he might get after three blockbuster Star Wars films launched his career, Mark Hamill played the composer on Broadway for nine months in 1983. But when the time came for the movie to be made, Czech director Miloš Forman couldn’t get the space cowboy image out of his head. “Miloš Forman told me, ‘Oh no, you must not play the Mozart because the people not believing the Luke Spacewalker as Mozart,’” Hamill said in a 1986 interview. “He was very upfront about it, and I appreciated that rather than getting my hopes up that it was possible I’d be playing the role.”

3. Kenneth Branagh legitimately thought he had landed the lead role.

A young Kenneth Branagh was an early contender for the part of Mozart. In his autobiography, he wrote that he thought he had the part in the bag until Forman informed him they were casting Americans for the leads. Other actors who auditioned for the Mozart role included Tim Curry and Mel Gibson. Though Mozart was a rock star in his day, actual rock star Mick Jagger was also turned down after his audition.

4. Mozart's frequent collaborator Emanuel Schikaneder was played by another stage Mozart.

Actor Simon Callow originated the role of Mozart at the Royal National Theater production of Amadeus in 1979, and though Forman told him his portrayal was "truly brilliant, fantastic, asshole and genius, funny, tragic, crazy, a baby and a god," the director wasn't prepared to give him the title role in the film. Instead, he cast Callow as Emanuel Schikaneder, the librettist who worked with Mozart on The Magic Flute and played the part of Papageno the bird catcher.

5. The movie was shot without the use of light bulbs or other modern lighting devices.

The Tyl Theatre in Prague was the original theater where Don Giovanni first premiered in October 1787, and the authenticity of the building was a huge boon for the production since it had hardly been updated since it was first built in 1783. “[The Tyl is] where the opera premiered. And he conducted the first performance. And none of the opera house had been touched since he was there," choreographer Twyla Tharp recalled in 2015. "We had fire everywhere. We could have burnt down the opera house. We had live fire in the chandelier. We were lighting people on stage, and these guys were whipping these torches around."

Patrizia von Brandenstein—who became the first woman to win the Oscar for Best Art Direction with this movie—had nightmares about damaging the all-wooden opera house. "I thought, 'God will truly punish me if this place catches on fire,'" she said.

6. Tom Hulce practiced piano for four to five hours a day.

In order to look believable on camera, Hulce spent a month with a piano teacher before filming. Although he knew some basics—he could read music, and had played violin and sung in choirs as a child—he needed to look like a natural. "I spent four weeks, four to five hours a day learning to play,” Hulce told People in 1984. “The first two days were scales and exercises. The next day was a concerto." And for that scene at the masquerade ball when Mozart plays a tune while lying on his back? That was really Hulce.

7. Tom Hulce's laugh is semi-historical, though he had trouble recreating it.

Throughout the movie, Mozart has an infectious cackle—it comes out just as often when he’s giddy as when he’s uncomfortable. Though there are dubious historical reports that the real Mozart had such an obnoxious laugh, Hulce created the giggle after Forman asked him to come up with "something extreme." "I've never been able to make that sound except in front of a camera," Hulce later said. "When we did the looping nine months later, I couldn't find the laugh. I had to raid the producer's private bar and have a shot of whiskey to jar myself into it."

8. Someone really did commission a requiem from Mozart—it just wasn't Salieri.

The script clearly took some artistic liberties, including the plot line of the masked man who comes to Mozart pretending to be his dead father. This was not, as the movie portrays, Salieri. But in 1791, Austrian Count Franz von Walsegg—who had a penchant for commissioning music to pass off as his own at his twice-weekly concerts—approached Mozart and asked for a requiem for his beloved wife, who had died on Valentine’s Day.

According to a famously censored document in which a teacher near Vienna, Anton Herzog, recorded firsthand accounts of von Walsegg’s court, the Count often rewrote these commissioned quartets and other scores in his own hand and didn’t give credit to the original composers. His staff musicians often laughed this off because it seemed to amuse the Count, and because the Count was also an amateur musician in his own right. Mozart’s “Requiem Mass in D minor,” the document alleges, was one such piece. And Mozart really did die later that year, in December, before completing the full mass. Salieri didn’t help him complete it though; Austrian composer and possible Mozart student Franz Süssmayr took that on.

9. The actors felt intense jealousy, too.

Salieri and Mozart were the 18th-century equivalent of frenemies: They were contemporaries in a competitive field, and though they needed each other’s support, they weren’t above petty jealousies and a little backstabbing. Hulce and F. Murray Abraham (who played Salieri) also felt those pressures. ''Tom and Meg [Tilly, the actress originally cast as Constanze] were very close,'' Abraham told The New York Times in 1984. ''They had these secret jokes and were always laughing together. I was pushed out, and I was resentful. I began to have very nasty feelings that were exactly like Salieri's feelings toward Mozart. When that correspondence between a film and real life occurs, it's a director's dream.''

“Occasionally Murray and I would go out and drink this terrible sweet champagne that they have in Prague," added Hulce. "But at other times there was a rivalry between us, and I found myself suspicious of him.''

10. It was shot almost entirely on location in Prague—while under surveillance from the Secret Police.

During filming in 1983, Czechoslovakia was under Communist rule. The production team was often followed around by the secret police, and Forman and the cast spoke about their fears that a Fourth of July prank—the unfurling of the American flag in the concert hall and the singing of "The Star-Spangled Banner" by the large cast and crew—would lead to their arrests for inciting rebellion. Many suspected that their hotel rooms had been bugged during the six months they spent filming the movie.

Forman, who was considered a traitor for becoming an American citizen and not returning to the Soviet-controlled area, had previously had one of his movies banned in the country (then called the Czech Socialist Republic). According to Twyla Tharp, in order to shoot in red territory, Forman had to make certain concessions. "Miloš had to sign an agreement that he would go to his hotel every night for the year that he was there and that his driver would be his best friend from the old days," Tharp told The Hollywood Reporter. "And everybody knew what would happen to his best friend if something untoward politically happened around Miloš, because Miloš was a sort of local hero and he was dangerous to the authorities."

11. A teenage Cynthia Nixon had a small but pivotal role.

At age 17, Nixon played Lorl, the maid employed by Salieri to spy on Mozart. Though she was an experienced child actor at that point, she was also trying to finish her schooling. Thus, she and her parents were cautious of the time she'd need to be abroad for filming. "When I was cast in Amadeus with Miloš Forman, which was shooting in Europe," Nixon said in 2014, "I said, 'I want to be in your film so much, but I have a request: If I don’t shoot for two days in a row, you have to send me home.' They agreed."

12. The distributor made a promotional video depicting Mozart as a modern rock star.

Since the movie wasn't financed by a major studio with lots of promotional dollars behind it, the distributor, Orion Pictures, decided to get creative. And what better way to promote a rock star in the age of MTV than with a music video featuring David Lee Roth and cuts of Bruce Springsteen, Van Halen, KISS, Michael Jackson, David Bowie, and Madonna dancing along to Mozart's "Symphony No. 25 in G minor"?

13. The movie was a huge hit.

The film nearly tripled its $18 million budget at the box office, which was particularly impressive considering it opened in a limited 25 theaters and didn’t have a wide release until several months later. The movie also swept the Academy Awards—of its 11 nominations, it won eight, including Best Picture and Best Director. And, just as on Broadway, Salieri won the Best Actor statuette over Mozart, with Abraham beating out Hulce.

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