Friday, September 5, 2014

Judicial Notice of the Awesomeness of CCR & John Fogerty

I had forgotten about Fogerty v. Fantasy, Inc. 510 U.S. 517 (1994) until Timothy Sandefur (@timothysandefur) mentioned it recently on Twitter. I once heard this matter described as "the case where John Fogerty was sued for sounding too much like John Fogerty." That description is pretty accurate because Fantasy sued Fogerty for copyright infringement of a Fogerty song. 

While Fogerty was a member of Creedence Clearwater Revival, he wrote Run Through the Jungle, and the band sold it to Fantasy's predecessor in interest. Several years later, CCR disbanded, and Fogerty signed with Warner Brothers and released The Old Man Down the Road. Fantasy claimed Old Man infringed on its copyright to Jungle

A jury sided with Fogerty, and the case eventually reached the Supreme Court on the question of the standard for awarding attorney fees to a prevailing party. In his majority opinion, Justice Rehnquist notes that CCR, with its "swamp rock" style, is "one of the greatest American rock and roll groups of all time."

Kudos to the late, great Justice Rehnquist for recognizing the awesomeness of Fogerty and CCR! Videos for Old Man and Jungle are below. What do you think? Was Old Man an infringement on Jungle?

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