All rise.

The rules of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, gosh darn it, I think they stole that feller’s tune rat’chere! You have been duly instructed.

Today’s docket: Tommy Tutone, plaintiff vs. Bruce Springsteen, defendant

Tommy Tutone – 867-5309/Jenny from Tommy Tutone 2 (1982)

You know, I have only one song anyone really gives a crap about and it’s kept me in good stead for a while. Springsteen has how many tunes under his belt, yet he has to pilfer mine? Strike a blow to The Boss for the little guy!

Bruce Springsteen – Radio Nowhere from Magic (2008)

It’s not that similar, you drama queen.

All rise.

The rules of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, how… could… you?! You have been duly instructed.

Today’s docket: Blues Traveler, plaintiffs vs. Sister Hazel, defendants

Blues Traveler – “Runaround,” from Four (1994)

We recorded three albums that got us nothing but stoner groupies. Finally, we get a hit song and hot stoner groupies! Then these jerks come along, rip off our melody and our hot stoner groupies! What’s this crap?

Sister Hazel – “All For You,” from …Somewhere More Familiar (1997)

It’s so unfair. We never, ever ripped off Blues Traveler. We had no intention of ripping off Blues Traveler. Hootie, maybe!

All rise.

The rules of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, something is rotten in Denmark! You have been duly instructed.

Today’s docket: Nik Kershaw, plaintiff vs. The Nestles Chocolate Corporation, defendant

Nik Kershaw – Roses from The Riddle (1984)

Listen to the first verses of my song, “Roses” and then watch this commercial for Nestles white chocolate bar. My song is about the dangerous effects of corporate influence on the environment and the deceived public understanding. Then they turn around and make a candy bar commercial with the melody! Insult to injury!

Nestles White Chocolate Commericial circa 1985

Oh God, it’s true! It’s all true! We do strip out 100% of the cocoa solids and replace it with raccoon fat laced with vanilla flavoring! (Uh, what? What did you say?)

No, we can assure you we never heard Mr. Kershaw’s song before we contracted the ad agency to make the commercial. Not at all. It’s slanderous. (Please forget what we said about the raccoon fat.)

All rise.

The rules of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, they’re down with O.P.I.P. (Other People’s Intellectual Property.) You have been duly instructed.

Today’s docket: Killing Joke, plaintiffs vs. Nirvana, defendants.

Killing Joke – Eighties from Night Time (1984)

Bad enough the riff is the same, but they also copped the chorus pedal warble on the guitar sound. They call it “borrowing” – Mind if a borrow a couple million, boys?

Nirvana – Come As You Are from Nevermind (1991)

Innocent tribute, that’s all. Don’t like it? Oh whatever, never mind.

All rise.

The rules of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, dude, that ain’t right. You have been duly instructed.

Today’s docket: Rob Thomas vs. Pink Floyd and INXS

Rob Thomas – Give Me the Meltdown from Cradlesong (2009)

Your honor, my song “Give Me the Meltdown” pays direct homage to both Pink Floyd’s “Another Brick in the Wall” and INXS’ “What You Need” — this continuation of the rock and roll bloodline clearly shows that I have inherited the greatness and pedigree of those who came before me!

Pink Floyd – Another Brick In The Wall Part II from The Wall (1979)

INXS – What You Need from Listen Like Thieves (1985)

As representative for Messrs. Waters and Gilmour, the members of INXS and the estate of Michael Hutchence, I not only refute Mr. Thomas’ claims but would like to file for a restraining order against him. His attempt to associate my clients’ work with his brand of Mom Rock clearly paints him as deranged.

When the Small Claims version of Rock Court was being kicked around, one very specific rule was initially put into play – no actual, litigated cases. Still, one got through that was too tantalizing to refuse. Popdose Podcast Poobah Dave Lifton suggested the very strange case of Fantasy Records versus John Fogerty, the former accusing the latter of duplicating a Creedence Clearwater Revival tune. The twist is obvious – that would mean John Fogerty, in essence, ripped himself off purportedly out of spite against Fantasy chief Saul Zaentz.

This was too good an opportunity to pass up. It was also too good to mess around with, so we contacted our commentator friend (and real friggin’ lawyer,) Jonny the Friendly Lawyer, posed the question to him and, in a stroke of good fortune for all of us, he agreed to lay out this rather perverse case. Without further ado, we present Jonny the Friendly Lawyer and Fantasy v. Fogerty.

________________________

In 1994 the U.S. Supreme Court issued its decision in Fogerty v. Fantasy, Inc. It was the culmination of years of acrimonious feuding between former Creedence Clearwater Revival leader John Fogerty and his arch-nemesis, Saul Zaentz.  Zaentz was at the time the owner of Fantasy Records, which had released CCR’s catalogue.  (He is also an Oscar-winning film producer, among other things, but that’s another story.)  The decision is a landmark for American copyright law because it held that courts have discretion to award attorney’s fees to “prevailing parties” in copyright suits, and not just copyright owners who sued to recover damages for infringement.  In other words, if a copyright owner sued you for infringement and lost, you could recover your fees and expenses for successfully defending against the action.

The case raised all kinds of Catch-22 issues apart from whether a defendant should recover his or her fees for prevailing against an infringement claim.  For example, at the trial stage, the issue of whether a copyright creator could infringe his own work was considered.  Fogerty had assigned rights in his songs to Fantasy, and so was no longer the owner of the copyrights.  However, he was a beneficial owner because he received continuing royalties in exchange for his earlier assignment.  A copyright’s legal owner cannot infringe his own copyright, nor can co-owners be liable to each other for infringement. Fogerty asked the court to extend this principle to beneficial owners as well.  This request was denied; the trial court decided that a beneficial owner such as Fogerty could bring an infringement action against third parties to protect his economic interests, but could not exercise the legal owner’s rights without authorization.  The lawsuit followed, then, because Fantasy alleged that Fogerty had created an unauthorized derivative work based on his own original song, the rights to which Fantasy now owned.

At the heart of the dispute was the similarity between two Fogerty songs: First was “Run Through the Jungle,” from CCR’s 1970 album Cosmo’s Factory,  and second was “The Old Man Down the Road,” from Fogerty’s 1985 Warner Bros. album Centerfield.  (Both songs were singles, the b-sides were ”Up Around the Bend” and “Big Train (from Memphis)”, respectively.)  Fantasy sued Fogerty for copyright infringement, claiming that “The Old Man Down the Road” was simply “Run Through the Jungle” with new words.  A jury found in favor of Fogerty, and he sought attorney’s fees for defending the action.  The case “went all the way to the Supreme Court,” as the saying goes, which decided that an award of fees to parties that successfully defend copyright infringement actions is warranted in order to provide a financial incentive to individuals who otherwise could not afford to defend their rights in court and to deter the bringing of frivolous lawsuits.

The trial jury’s decision in favor of Fogerty determined that the latter song was sufficiently distinct from the earlier song so as to prevent a finding of infringement.  Did they get it right?  You make the call.

All rise.

The rules of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, they done screwed the pooch right thar. You have been duly instructed.

Today’s docket: Led Zeppelin, plaintiffs vs. Franz Ferdinand, defendant

Led Zeppelin – Trampled Underfoot from Physical Graffiti (1975)

It’s all about the riffing in the hedgerow, in case you don’t know. The piper says you’re a filthy crook!

Franz Ferdinand – Take Me Out from Franz Ferdinand (2004)

Oh, I’m sorry. Willie Dixon just called. He said he’d like the majority of his work returned to him, thank you. It’s not a rip-off of you anyway. If anyone should be pissed off, it should be the Doobie Brothers after you clearly ripped “Long Train Running”!

All rise.

The rules of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, they’ve been a baa-aaad boy. You have been duly instructed.

Today’s docket: The Romantics, plaintiffs vs. John Mellencamp, defendant

The Romantics – What I Like About You from The Romantics (1980)

It’s the same beat, the same chords, the same everything. You’d have to be deaf to disagree.

John Mellencamp – R.O.C.K. In The U.S.A. from Scarecrow (1985)

“The subtitle is “A Salute To ’60s Rock” – At least I had the balls to admit it was a homage.”

Wait! Neil Diamond has just burst through the courtroom door, knocking over the bailiffs!

Neil Diamond – Cherry, Cherry from The Feel Of Neil Diamond (1966)

“It may only be three chord pop, but they were my three chords first, bitches!”

All rise.

The terms of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, someone got caught with their fingers in the cookie jar. You have been duly instructed.

Today’s docket: Ben E. King, plaintiff vs. The Police, defendants

Ben E. King – Stand By Me from Don’t Play That Song (1962)

The verses have virtually the same melody, so much so that several mash-ups were made of the two songs. Damning evidence indeed!

The Police – Every Breath You Take from Synchronicity (1983)

What about the bridge? If that bridge don’t fit, you must acquit! (Oh, and since when did Ben E. King sing about stalking? Hmmm?)

All rise.

The terms of this courtroom are simple. You will be presented with two songs, one by the plaintiff and one by the defendant. It is your task to decide if the defendant’s track is only coincidentally similar to the plaintiffs or, as members of the Bar Association put it, shenanigans have been pulled. You have been duly instructed.

Today’s docket: Tom Petty, plaintiff vs. Bon Jovi, defendant

Tom Petty and the Heartbreakers – A One Story Town from Long After Dark (1982)

The chorus:

Oh, I’m lost in a one story town
Where everything’s close to the ground
Yeah the same shit goes down
Nothing turns around
It’s a one story town

Bon Jovi – Two Story Town from Crush (2000)

The chorus:

It’s just the same old sights
And the same old sounds
I want to take my car and drive out of this two story town
The same old shit that’s going round
I’m going down, down ,down, down, down
In a two story town

The testimony, in their own words