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.")

David Hasselhoff's Strange Connection to the Fall of the Berlin Wall

re:publica, Flickr // CC BY-SA 2.0
re:publica, Flickr // CC BY-SA 2.0

Americans might know David Hasselhoff best as the star of pre-peak television series Knight Rider and Baywatch. But in Germany, he’s been a popular singing attraction since 1985, when his album Night Rocker became a sensation. In June 1989 Hasselhoff released Looking for Freedom, an album with a title track that seemed to speak directly to citizens in European countries seeking democracy. That track had been playing since 1988 in anticipation of the album’s release.

On November 9, 1989, the Berlin Wall fell. Was it coincidence, or did Hasselhoff help incite a revolution?

In a new interview with Time, Hasselhoff takes no credit for that seismic change in Germany, despite the fact that some of the actor's fans have knitted the two memories—his popularity and the dissolution of the wall—together, leading some to believe he was partly responsible. Some of the same people who began chipping away at the wall dividing East and West Germany had been humming the song for months prior. Some have even told Hasselhoff his music helped inspire change. Others held up signs thanking him for the fall of the wall.

“You’re the man who sings of freedom,” a woman once told Hasselhoff, before asking for his autograph.

The wall, of course, came down rather abruptly, shortly after a premature announcement that East Germans could take advantage of relaxed travel restrictions, and Hasselhoff demurs when asked if he played a role. “I never ever said I had anything to do with bringing down the wall,” he told Time. “I never ever said those words ... There was the guy from Knight Rider singing a song about freedom. Knight Rider was sacred to everyone and hopefully we’ll bring it back as a movie. I was just in the right place at the right time with the right song. I was just a man who sang a song about freedom.”

After the wall fell, Hasselhoff was invited to sing on a crane hovering over its remains on New Year’s Eve in 1989, which you can witness in the video above. Hasselhoff recently returned to Berlin for another series of concerts to commemorate the 30th anniversary of the wall being torn down.

[h/t Time]

10 Fascinating Facts About INXS

INXS's Michael Hutchence in Mystify: Michael Hutchence (2019).
INXS's Michael Hutchence in Mystify: Michael Hutchence (2019).
Dogwoof

Over the course of the 1980s, INXS went from fledgling Australian pub rockers to global superstars. Although frontman Michael Hutchence died in 1997, and the band finally called it quits in 2012, INXS remains hugely popular. There’s a widescreen 4K Ultra HD restoration of the band’s 1991 concert film Live Baby Live coming to theaters, as well as a new documentary, Mystify: Michael Hutchence. In celebration of this INXS resurgence, here are 10 facts about the band.

1. INXS was a band of brothers (and three other guys).

Like the Bee Gees, who also formed in Australia, INXS featured three brothers: Andrew (keyboards), Jon (drums), and Tim (guitar) Farriss. Rounding out the sextet were Garry Gary Beers on bass, Kirk Pengilly on guitar and saxophone, and of course, Michael Hutchence on lead vocals.

2. Midnight Oil’s manager came up with the band's name.

The group was known as The Farriss Brothers (and for a little while, The Vegetables) before changing its name to the much cooler INXS. That suggestion was made by Gary Morris, manager of Aussie rock heroes Midnight Oil. Morris was inspired by IXL, a brand of jam, and the English new wave band XTC, who’d recently toured Australia. Although INXS is read as “in excess,” Morris wanted the band to market themselves as “inaccessible,” the adjective that seems to have inspired the moniker.

3. INXS was almost a Christian band.

Not every idea Gary Morris had was a good one. During his brief stint as INXS’s manager, he tried to sell the boys on hardcore Christianity, which he’d embraced after attending a Billy Graham crusade. “He wanted us to write songs about Christ and to promote a drug-and-alcohol-free and a no-sex-before-marriage proper Christian lifestyle,” bassist Garry Beers wrote in the band’s official autobiography. These were the guys who would later write “Devil Inside” and “Original Sin”—they didn’t go for it.

4. They didn’t go global until their third album.

INXS were strictly an Aussie phenomenon until their third album, 1982’s Shabooh Shoobah. It gave the group their first entries on the Billboard Hot 100—"The One Thing" and "Don’t Change"—and reached #46 on the Billboard 200. It also became INXS’s first Top 5 album at home in Australia.

5. Nile Rodgers changed a key lyric in the band’s first #1 hit.

INXS recorded their fourth studio album, 1983’s The Swing, with super-producer and former Chic bandleader Nile Rodgers in New York City. Rodgers played a key role in shaping “Original Sin,” which later reached #58 in America and became INXS’s first #1 single in Australia. First, he asked his buddy Daryl Hall to sing backup on the chorus. Then he suggested Hutchence change the line “dream on, white boy/dream on, white girl” to “dream on, black boy/dream on, white girl.”

“I come from an interracial couple,” Rodgers said. “Psychologically that makes it a bigger statement. Even when I rang up Daryl Hall to sing on it his manager thought it was too controversial. But I think the record would have been bigger had I not talked them into changing the lyrics.”

6. The head of Atlantic Records thought Kick was trash.

When INXS first played their sixth album, 1987’s Kick, for Atlantic Records president Doug Morris, the response was less than encouraging. “He put his feet up on the desk and closed his eyes from the minute the record went on to the minute it finished,” said the band’s longtime manager Chris Murphy in 2017. “When it stopped, he said, ‘I’ll give you $1 million to go and record another album. This is not happening, this is sh*t.’” Morris couldn’t have been more wrong. Kick reached #3 on the Billboard 200 and spawned four Top 10 hits, including the #1 smash “Need You Tonight.”

7. Andrew Farriss annoyed a cab driver while writing the band’s biggest U.S. hit.

INXS was nearly done with Kick when producer Chris Thomas decided they still needed a few more songs for the album. He convinced Andrew Farriss to meet up with Hutchence in Hong Kong, where the singer had an apartment, and write some new material. While waiting for a cab to the Sydney airport, Farriss came up with a tasty guitar riff. He rushed to record a demo, complete with drum machine, while his frustrated cab driver looked through the window.

After 40 minutes of tinkering, Farriss got into the car, made his flight, and presented Hutchence with the tape. The frontman loved the track and dashed off some lusty lyrics in minutes. They called the song “Need You Tonight,” and in January 1988, it became INXS’s first and only #1 song in America.

8. There was some speculation over the cause of Michael Hutchence’s death.

Michael Hutchence of INXS in 'Mystify: Michael Hutchence' (2019)
Dogwoof

Hutchence was found dead on November 22, 1997, at the Ritz-Carlton hotel in Double Bay, Sydney. The coroner’s explanation was suicide by hanging. At the time, Hutchence was reportedly in a depressed state due to several factors, including an ongoing custody dispute between Paula Yates, the mother of his daughter, and Yates's ex-husband, rocker and Live Aid organizer Bob Geldof. Yates later questioned the official cause of death and suggested Hutchence had died from autoerotic asphyxiation. Further complicating matters, another of Hutchence’s exes, model Helena Christensen, reveals in the 2019 documentary Mystify: Michael Hutchence that the singer suffered wild mood swings as a result of brain damage he suffered when a cab driver punched him outside a Copenhagen restaurant in 1995.

9. INXS tried to carry on with several other lead singers.

After Hutchence’s death, INXS took about a year off before returning to the stage. They did so in November 1998 with Jimmy Barnes of the group Cold Chisel on lead vocals. The following year, they enlisted singers Terence Trent D’Arby and Russell Hitchcock for a concert celebrating the opening of Stadium Australia. From 2000 to 2003, Jon Stevens of the band Noiseworks took the helm, and in 2005, the group used the reality series Rock Star: INXS to audition a new frontman. The winner, Canadian singer-songwriter J.D. Fortune, toured with the band from 2005 to 2011. The last man to grab the microphone was Northern Irish singer-songwriter Ciaran Gribbin, who joined in late 2011 and stayed on until INXS’s final show in November 2012.

10. For their final show, INXS opened for Matchbox Twenty.

In November 2012, during the final show of a tour supporting American pop rockers Matchbox Twenty, INXS announced they were calling it quits after 35 years. It may have seemed like a random and non-glamorous finale to their career, but the show was in Perth, Australia, where the band had lived in the late 1970s. INXS ended the concert with one of their most beloved singles, “Don’t Change,” with Matchbox Twenty frontman Rob Thomas helping out on vocals.

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