“The Old Man Down the Road,” by John Fogerty - One of the seminal bands of the late 1960s and early 1970s, Creedence Clearwater Revival melted down amid a flurry of recriminations, accusations and, eventually, litigation. In order to go solo and escape Fantasy Records, a label he had come to despise, lead singer and primary songwriter John Fogerty signed over his rights to the Creedence catalog to label head Saul Zaentz. Fogerty mounted a comeback in 1985 with the hit album Centerfield. The album caught the attention of his old label, which complained that the lead single, “The Old Man Down the Road,” sounded too much like the Creedence song “Run Through the Jungle” (Fogerty had written both songs). The label, which owned the copyright for the CCR song, sued Fogerty for infringement—effectively sounding like himself. Fogerty prevailed at trial and subsequently moved for attorney fees pursuant to the 1976 Copyright Act. The U.S. District Court for the Northern District of California ruled against him, finding Fogerty had not proved that Fantasy had brought the suit in bad faith as required by the statute. The 9th Circuit affirmed, and the U.S. Supreme Court agreed to hear the case.
Read our related cover story: “Lawyers, songs and money: Music that changed the law”