The Unusual Story of John Fogerty Being Sued for Copyright Infringement of… John Fogerty

The contentious relationship between Creedence Clearwater Revival frontman and songwriter John Fogerty and Fantasy Records owner Saul Zaentz prompted one of the strangest copyright infringement cases in musical history. By the end of the years-long legal battle, Fogerty felt like he had an obligation to fellow and former musicians to fight for what was right.

Ultimately, he won the battle in court. But that victory didn’t come without consequences (and the distinctly unique experience of playing guitar in front of a silent courtroom jury).

John Fogerty’s Copyright Infringement of John Fogerty

After Creedence Clearwater Revival disbanded in 1972, frontman John Fogerty started butting heads with his record label, Fantasy Records, as he pursued his solo career. A business dispute caused Fogerty to leave Fantasy for Asylum Records, contingent on Fogerty releasing rights to all the songs he recorded under his previous contracts with Fantasy.

What started as a bruising blow to the ego soon turned into actionable legal consequences for Fogerty after Fantasy determined that the opening track off the musician’s 1985 record Centerfield, “The Old Man Down the Road,” sounded eerily similar to Fogerty’s “Run Through the Jungle,” which he released under CCR on Cosmos’ Factory in 1970. Yes, Fogerty wrote both. Yes, Fantasy was suing Fogerty for copying himself.

Fogerty’s copyright infringement drama lasted years. With neither party willing to settle, the case went to court. During the jury trial of 1988, Fogerty even played his guitar on the witness stand to demonstrate to the room of stoic jurors why, exactly, “The Old Man Down the Road” and “Run Through the Jungle” were similar stylistically but two different songs nonetheless. His performance won over the jury, who ruled in his favor. Fogerty might have won the case, but he was still on the hook for a cool million in legal fees.

If Fogerty had lost his case, he would have had to pay both his and Fantasy’s legal fees. He argued in a string of subsequent appeals that, for this reason, Fantasy should pay his. The court denied his petition in 1988 and again in 1993 before the U.S. Supreme Court finally granted Fogerty’s appeal in 1994.

The Long-Lasting Implications Of The Trial

John Fogerty’s strange copyright infringement trial came on the heels of another lawsuit filed by his former label’s owner, Saul Zaentz. Zaentz’s first case accused Fogerty of defamation after he included a song called “Zanz Kant Dance” on the same 1985 release that featured “The Old Man Down the Road.” Even Fogerty could acknowledge that it was hard to argue who the lyric Zanz kant danz but he’ll steal your money, watch out boy, he’ll rob you blind, was about, so the parties settled out of court.

The subsequent copyright infringement case seemed like it was Zaentz adding insult to the injury that was his $144 million settlement. But for Fogerty, the trial was bigger than bad blood between two former business associates. In an interview with Rolling Stone at the time of the trial, the former Creedence Clearwater Revival frontman said the case had more significant implications for the music industry in general.

“What’s at stake is whether a person can continue to use his own style as he grows and goes on through life,” he argued. “I can feel Lennon, Dylan, Bruce Springsteen, and Leiber and Stoller standing behind me going, ‘Johnny, don’t blow this.’”

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