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 Surprising Facts About Wham!’s 'Last Christmas'

Michael Putland/Getty Images
Michael Putland/Getty Images

Over the course of his illustrious career, George Michael gave the world many gifts. One that keeps on giving is “Last Christmas,” the 1984 holiday classic by Wham!, Michael's pop duo with Andrew Ridgeley. “Last Christmas” is such a uniquely beloved song that it inspired a 2019 film of the same name. That’s just one interesting part of the “Last Christmas” story. Read on for 10 fascinating facts about this seasonal synth-pop favorite.

1. George Michael wrote "Last Christmas" in his childhood bedroom.

“Last Christmas” was born one day in 1984 when George Michael and Wham! bandmate Andrew Ridgeley were visiting Michael’s parents. While they were sitting around watching TV, Michael suddenly dashed upstairs to his childhood bedroom and composed the modern Xmas classic in about an hour. “George had performed musical alchemy, distilling the essence of Christmas into music,” Ridgeley said. “Adding a lyric which told the tale of betrayed love was a masterstroke and, as he did so often, he touched hearts."

2. “Last Christmas” isn’t really a Christmas song.

There’s nothing in “Last Christmas” about Santa, reindeer, trees, snow, or anything we typically associate with the holiday. Rather, the song is about a failed romance that just happens to have begun on December 25, when Michael gave someone his heart, and ended on December 26, when this ungrateful person “gave it away.”

3. George Michael wrote and produced the song—but that’s not all.

Singers George Michael (left) and Andrew Ridgeley, of the band 'Wham!', performing on stage, July 1986
Dave Hogan/Getty Images

By the time Wham! recorded “Last Christmas” in August (yes, August) 1984, Michael had taken full control of the group. In addition to writing and producing the song, Michael insisted on playing the Roland Juno-60 synth in the studio. “George wasn’t a musician,” engineer Chris Porter said. “It was a laborious process, because he was literally playing the keyboards with two or three fingers.” Michael even jangled those sweet sleigh bells himself.

4. “Last Christmas” didn’t reach #1 on the UK charts.

As the movie Love Actually reminds us, scoring a Christmas #1 in the UK is a really big deal. Unfortunately, “Last Christmas” didn’t give Wham! that honor. It stalled at #2, and to this day it has the distinction of being the highest-selling UK single of all time to not reach #1.

5. George Michael sang on the song that kept “Last Christmas” at #2.

“Last Christmas” was bested on the UK charts by Band Aid’s “Do They Know It’s Christmas,” an all-star charity single benefiting Ethiopian famine relief. Michael sang on “Do They Know It’s Christmas,” and was so committed to the cause that he donated his profits from “Last Christmas” to helping the African nation.

6. George Michael was sued for plagiarism over “Last Christmas.”

In the mid-1980s, the publishing company Dick James Music sued George Michael on behalf of the writers of “Can’t Smile Without You,” a schmaltzy love song recorded by The Carpenters and Barry Manilow, among others. According to Chris Porter, the recording engineer on “Last Christmas,” the suit was dismissed after a musicologist presented 60-plus songs that have a similar chord progression and melody.

7. "Last Christmas" has been covered by a lot of other artists.

Andrew Ridgeley (right) and George Michael (1963-2016) of Wham! performing on stage together in Sydney, Australia during the pop duo's 1985 world tour, January 1985.
Michael Putland/Getty Images

Jimmy Eat World, Hilary Duff, Good Charlotte, Ariana Grande, Carly Rae Jepsen, Gwen Stefani, and Taylor Swift are just a few of the artists who’ve covered “Last Christmas” over the years. The strangest rendition may be the 2006 dance version by the Swedish CGI character Crazy Frog, which reached #16 on the UK charts.

8. Some people make a concerted effort to avoid hearing “Last Christmas.”

While millions of people delight in hearing “Last Christmas” every year, an internet game called Whamageddon encourages players to avoid the song from December 1 to 24. The rules are simple: Once you hear the original Wham! version of “Last Christmas” (remixes and covers don’t count), you’re out. You then admit defeat on social media with the hashtag #Whamageddon and wait for your friends to suffer the same fate. Note: The rules prohibit you from “deliberately sending your friends to Whamhalla.”

9. “Last Christmas” finally charted in America following George Michael’s death in 2016.

Back in 1984, “Last Christmas” wasn’t released as a commercial single in the United States, and therefore it wasn’t eligible for the Billboard Hot 100 chart. However, Billboard changed its rules in 1998, and in the wake of George Michael’s unexpected death on Christmas Day 2016, the song finally made its Hot 100 debut. In December 2018, it reentered the charts and peaked at #25.

10. George Michael was involved in the Last Christmas movie.

November 2019 saw the release of Paul Feig's Last Christmas, a romantic comedy inspired by the song starring Game of Thrones's Emilia Clarke. Producer David Livingstone came up with the idea while George Michael was still alive, and when he pitched the pop star on the project, he was given the greenlight—with one condition: Michael stipulated that actress and author Emma Thompson write the movie. Thompson co-authored the story and the screenplay, and she even wound up playing a supporting role.

The Many Lives of Leonard Cohen's "Hallelujah"

Leonard Cohen in London in June 1974.
Leonard Cohen in London in June 1974.
Michael Putland/Getty Images

In the late 1970s, Leonard Cohen sat down to write a song about god, sex, love, and other mysteries of human existence that bring us to our knees for one reason or another. The legendary singer-songwriter, who was in his early forties at the time, knew how to write a hit: He had penned "Suzanne," "Bird on the Wire," "Lover, Lover, Lover," and dozens of other songs for both himself and other popular artists of the time. But from the very beginning, there was something different about what would become "Hallelujah"—a song that took five years and an estimated 80 drafts for Cohen to complete.

In the 35 years since it was originally released, "Hallelujah" has been covered by more than 300 other artists in virtually every genre. Willie Nelson, k.d. lang, Justin Timberlake, Bono, Brandi Carlile, Bon Jovi, Susan Boyle, Pentatonix, and Alexandra Burke—the 2008 winner of the UK version of The X Factor—are just a few of the individuals who have attempted to put their own stamp on the song. After Burke’s soulful version was downloaded 105,000 times in its first day, setting a new European record, “Hallelujah” soon became a staple of TV singing shows.

It's an impressive feat by any standard, but even more so when you consider that "Hallelujah"—one of the most critically acclaimed and frequently covered songs of the modern era—was originally stuck on side two of 1984’s Various Positions, an album that Cohen’s American record label deemed unfit for release.

“Leonard, we know you’re great,” Cohen recalled CBS Records boss Walter Yetnikoff telling him, “but we don’t know if you’re any good.”

 

Yetnikoff wasn’t totally off-base. With its synth-heavy ’80s production, Cohen’s version of “Hallelujah” doesn’t announce itself as the chill-inducing secular hymn it’s now understood to be. (Various Positions was finally released in America on the indie label Passport in 1985.) Part of why it took Cohen five years to write the song was that he couldn’t decide how much of the Old Testament stuff to include.

“It had references to the Bible in it, although these references became more and more remote as the song went from the beginning to the end,” Cohen said. “Finally I understood that it was not necessary to refer to the Bible anymore. And I rewrote this song; this is the ‘secular’ ‘Hallelujah.’”

The first two verses introduce King David—the skilled harp player and great uniter of Israel—and the Nazarite strongman Samson. In the scriptures, both David and Samson are adulterous poets whose ill-advised romances (with Bathsheba and Delilah, respectively) lead to some big problems.

In the third verse of his 1984 studio version, Cohen grapples with the question of spirituality. When he’s accused of taking the Lord’s name in vain, Cohen responds, hilariously, “What’s it to ya?” He insists there’s “a blaze of light in every word”—every perception of the divine, perhaps—and declares there to be no difference between “the holy or the broken Hallelujah.” Both have value.

“I wanted to push the Hallelujah deep into the secular world, into the ordinary world,” Cohen once said. “The Hallelujah, the David’s Hallelujah, was still a religious song. So I wanted to indicate that Hallelujah can come out of things that have nothing to do with religion.”

 

Amazingly, Cohen's original "Hallelujah" pales in comparison to Velvet Underground founder John Cale’s five-verse rendition for the 1991 Cohen tribute album I’m Your Fan. Cale had seen Cohen perform the song live, and when he asked the Canadian singer-songwriter to fax over the lyrics, he received 15 pages. “I went through and just picked out the cheeky verses,” Cale said.

Cale’s pared down piano-and-vocals arrangement inspired Jeff Buckley to record what is arguably the definitive “Hallelujah,” a haunting, seductive performance found on the late singer-songwriter’s one and only studio album, 1994’s Grace. Buckley’s death in 1997 only heightened the power of his recording, and within a few years, “Hallelujah” was everywhere. Cale’s version turned up in the 2001 animated film Shrek, and the soundtrack features an equally gorgeous version by Rufus Wainwright.

In 2009, after the song appeared in Zack Snyder's Watchmen, Cohen agreed with a critic who called for a moratorium on covers. “I think it’s a good song,” Cohen told The Guardian. “But too many people sing it.”

Except “Hallelujah” is a song that urges everyone to sing. That’s kind of the point. The title is from a compound Hebrew word comprising hallelu, to praise joyously, and yah, the name of god. As writer Alan Light explains in his 2013 book The Holy or the Broken: Leonard Cohen, Jeff Buckley, and the Unlikely Ascent of "Hallelujah,” the word hallelujah was originally an imperative—a command to praise the Lord. In the Christian tradition, it’s less an imperative than an expression of joy: “Hallelujah!” Cohen seemingly plays on both meanings.

 

Cohen’s 1984 recording ends with a verse that begins, “I did my best / It wasn’t much.” It’s the humble shrug of a mortal man and the sly admission of an ambitious songwriter trying to capture the essence of humanity in a pop song. By the final lines, Cohen concedes “it all went wrong,” but promises to have nothing but gratitude and joy for everything he has experienced.

Putting aside all the biblical allusions and poetic language, “Hallelujah” is a pretty simple song about loving life despite—or because of—its harshness and disappointments. That message is even clearer in Cale’s five-verse rendition, the guidepost for all subsequent covers, which features the line, “Love is not a victory march.” Cale also adds in Cohen’s verse about sex, and how every breath can be a Hallelujah. Buckley, in particular, realized the carnal aspect of the song, calling his version “a Hallelujah to the orgasm.”

“Hallelujah” can be applied to virtually any situation. It’s great for weddings, funerals, TV talent shows, and cartoons about ogres. Although Cohen’s lyrics don’t exactly profess religious devotion, “Hallelujah” has become a popular Christmas song that’s sometimes rewritten with more pious lyrics. Agnostics and atheists can also find plenty to love about “Hallelujah.” It’s been covered more than 300 times because it’s a song for everyone.

When Cohen died on November 7, 2016, at the age of 82, renewed interest in “Hallelujah” vaulted Cohen's version of the song onto the Billboard Hot 100 for the first time. Despite its decades of pop culture ubiquity, it took more than 30 years and Cohen's passing for “Hallelujah”—the very essence of which is about finding beauty amid immense sadness and resolving to move forward—to officially become a hit song.

“There’s no solution to this mess,” Cohen once said, describing the human comedy at the heart of “Hallelujah. “The only moment that you can live here comfortably in these absolutely irreconcilable conflicts is in this moment when you embrace it all and you say 'Look, I don't understand a f***ing thing at all—Hallelujah! That's the only moment that we live here fully as human beings.”

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