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.")

Thursday’s Best Amazon Deals Include Guitar Kits, Memory-Foam Pillows, and Smartwatches

Amazon
Amazon
As a recurring feature, our team combs the web and shares some amazing Amazon deals we’ve turned up. Here’s what caught our eye today, December 3. Mental Floss has affiliate relationships with certain retailers, including Amazon, and may receive a small percentage of any sale. But we only get commission on items you buy and don’t return, so we’re only happy if you’re happy. Good luck deal hunting!

7 Fascinating Facts About Janelle Monáe

Janelle Monáe performs at the State Theatre in Minneapolis in 2018.
Janelle Monáe performs at the State Theatre in Minneapolis in 2018.

In music, there are artists, original artists, and then there’s Janelle Monáe. Since breaking out a decade ago with her first album, 2010's The ArchAndroid, Monáe—who was born on December 1, 1985—has seemed unstoppable, pushing the envelope with her astonishing blend of different musical styles, daring fashion sense, and serious acting chops. Bottom line: If Janelle Monáe has a new project, it’s going to be worth checking out. Here are some fascinating facts about the talent behind The Electric Lady.

1. Responding to a fan got Janelle Monáe fired from her job at Office Depot.

Before hitting it big, Monáe paid the bills by working at Office Depot while she was attending the American Musical and Dramatic Academy in New York. She received an email from a fan and sent a response—on a company computer. She was let go, but the experience inspired her to write the song “Lettin’ Go.”

2. Janelle Monáe is still annoyed about losing the lead in a high school production of The Wiz.

Monaé's talent was clear at a young age. Growing up in Kansas City, Kansas, she won three consecutive Juneteenth talents shows by covering songs from The Miseducation of Lauryn Hill each year. However, while Monáe headlined many of her high school's musicals, she lost one major part—Dorothy in The Wiz—because family duty called. Monaé's mom needed to be picked up from work, which meant that the aspiring actress had to leave her audition early. As a result, a fellow classmate got the part; according to Rolling Stone, it's something that still bothers Monáe to this day.

3. Janelle Monáe’s acting career had an animated start.

Janelle Monáe stars in Antebellum (2020).Lionsgate

As if Monáe's music career wasn't impressive enough, she's also shown some serious acting talent in the last several years. Monáe has been a powerful presence in films like Moonlight and Hidden Figures, along with her starring role in the second season of Homecoming. However, her first film appearance was a voice acting role. In the animated sequel Rio 2, Monáe played the aptly named Dr. Monáe, a veterinarian. Her song "What Is Love" was also featured on the film's soundtrack.

4. Janelle Monáe had a close friendship with Prince.

There are countless musicians and artists who can claim the late Prince as an inspiration. Few of them can actually call him a friend. The Purple Rain mastermind championed Monáe and helped guide her creative process. According to Rolling Stone, he was the first person to receive a copy of Monáe's debut studio album, The ArchAndroid, which was delivered with flowers and a handwritten tracklist.

5. Janelle Monáe’s albums have had a narrative thread.

Monáe’s love for science-fiction is quite apparent, based on her discography and expressed fondness for films like Fritz Lang’s groundbreaking silent film Metropolis, according to The Philadelphia Inquirer. Her debut EP, Metropolis: The Chase Suite, and first two studio albums, The ArchAndroid and The Electric Lady, each centered around an alter-ego: Cindi Mayweather. This titular "archandroid" was meant to serve as a bridge between humans and robots. During The Electric Lady tour, fans were given pamphlets labeled "The Ten Droid Commandments." The Afrofuturism and sci-fi elements of Monáe's earlier music aren't emphasized as much on her most recent album, Dirty Computer, but the excellent quality is.

6. Janelle Monáe has been honored by Harvard.

Monáe has racked up numerous awards, including an MTV Video Music Award, a Satellite Award, a Screen Actors Guild Award, two Soul Train Music Awards, and even more nominations. She also has some serious Ivy League endorsements. In 2014, after headlining Harvard’s annual Yardfest event, Monáe was the first recipient of the award for Achievement in Arts and Media by the Harvard College Women’s Center. That same year, the Harvard Black Men’s Forum named Monáe Woman of the Year.

7. Janelle Monáe pays tribute to her parents through her outfits.

Janelle Monáe performing at the 2016 Boston Calling Music Festival.digboston via Flickr // CC BY 2.0, Wikimedia Commons

When it comes to her fashion sense, Monáe is known for her daring styles. One of her most iconic looks is a black and white tuxedo. Discussing this on Fresh Air, Monáe said she did this to honor her parents, who had to wear uniforms throughout their work lives. Her mother even worked a catering job with a tuxedo uniform dress code. "So that was one reason why I was constantly wearing the black-and-white tuxedo," she said. "And then I wanted to rebel against the gender norms and what it meant to dress like a woman or what it meant to dress like a man."