TQOTD: Rock Music Lawsuits.....

[pat]

[You know, I really should call these the "Trivia Question Every Other Day" because it seems that's how often I've been posting them. Sorry.]

In 1985, Fantasy Records sued John Fogerty for his hit song "Old Man Down the Road" claiming it infringed upon a song they held the rights to, "Run Through the Jungle." What was so odd about this lawsuit?



John Fogerty wrote -- and sang -- both songs. (He wrote and sang vocals on "Run Through the Jungle" while with Creedence Clearwater Revival.) In essence they were accusing John Fogerty of imitating.... John Fogerty. Fogerty won the lawsuit after going on the witness stand with his guitar to demonstrate the differences between the two songs.

The fact that one of his former bandmates, bassist Doug Clifford, was the person who brought the issue to the attention of Saul Zaentz, head of Fantasy Records, had something to do with Fogerty later refusing to play with his former bandmates upon their induction into the Rock and Roll Hall of Fame.
<a href="http://www.johnfogerty.com/biography.php?bio=04b> Source: John Fogerty's Official Website.</a>

Comments

[dawnd.livejournal.com]

It was his own song.

*checks the answer*

Yep. Woo! I've gotten TWO now!

[frankenboob.livejournal.com]

Hi Pat! (hug) I feel like I haven't seen you/talked with you in a while. I miss you...

[calebbullen.livejournal.com]

He couldn't do his own songs in concert for a long time because he would've had to have paid for the rights. If memory serves that finally got cleared up a while ago. But CCR (post John Fogerty) pioneered one of the most hideous trends in music. A band performing without it's key creative person. You can now see on the festival circuit almost any classic rock band without actually having to see the people who made the songs famous. And if that aint progress... Oh wait its not.

[patgreene.livejournal.com]

Of course the issue is who was "key". In CCR's case, it was clear cut, but what about The Who going forward after John Entwhistle died? I mean, he's not the primary composer like Townshend, or the vocalist like Daltrey.... but he still really added something to what the band was.

Another clear cut case in my mind is Ray Manzarek's attempt to tour as "The Doors". Bleh. I think that's so fraudulent. Just as I would think it would have been impossible to have a Beatles' reunion without any of the Fab Four. (And no, those songs the others recorded over John Lennon tracks don't count as Beatles records, in my mind : >)

Re:

[calebbullen.livejournal.com]

Finally! someone who sticks up for the bass player!!! No one ever sticks up for the bass player. Thank you. You are clearly wise beyond all knowing and have impeccable taste.

Of course there are those that think the who without Keith Moon isn't really the who either.
The "new"tracks on anthology would've been fine songs if they were released as Jeff Lynne or even ELO tracks but his influence was too noticible and his style too distinct for those songs to feel like beatles songs.

I think someone, not me, should come up with a ratio for how many original or "still creative" members are required for a band to keep its old name.

I mean, Pink Floyd went on ahead after Syd Barrett and acheived far more success than they did with him. But without Roger Waters, they seem like a parody of themselves. Still, they keep putting out albums, which has to count for something.

I mean if there were three albums with the fake fogerty, you wouldn't feel as cheated when you stumbled onto their show at the state fair. Obviously, songwriters or signature lead players figure more heavily in this. Replacing Brian Jones with Ronnie Wood and replacing Luther Perkins with Carl Perkins doesn't seem quite so egregious as replacing Mick Jagger or Johnny Cash.

Also the number of people in the band seems to make a huge difference. Large bands seem to have people die off fairly regularly, especially if they are southern. Also Jam Bands and Jazz bands seem less offensive when they replace named players with up and coming talent. No one seems to have a problem with seeing what's left of The Allman Brothers Band, Little Feat, Lynyrd Skynyrd or Chicago. And you can still find the glen miller band, the charles mingus band, the count basie orchestra and the duke ellington orchestra going strong with no original members in most cases.

I think the fairest resolution to this would be for bands to make a disclaimer as to who is onstage that wasn't on the last "well-known" record that had new material on it. So CCR with a fake fogerty would have to announce that. But Pink Floyd could go on without Roger Waters and buyer beware. This "truth in advertising" would also apply to bands or artists that use 75% studio players on the record to suppliment their sound.

I also think that the rights to any creative work, including scientific, should not be negotiable. You can give someone else the right to use your song, book, invention, etc. for a limited time but your parent company/label should never be able to keep you from reaping the rewards of your own creation.

So, even if you have some clowns pretending to be your old band, you still have the right to play those songs yourself or if you invent, TV Dinners for swanson, you get a guaranteed cut of the millions that your employer gets from your idea.

Okay, that was too verbose but I care entirely too much about music.