In the process of
researching a recent assignment involving a case study of the Creedence
Clearwater Revival I became very interested in the powerful consequences of the
band dynamic in regard to its early infrastructure. By infrastructure I refer to legal and
interpersonal dynamics that are organic to the process of choosing music as
more than just a mere diversion. I refer
to the musical artists who—for any number of reasons—choose the business of
music as a full-time career. In my
opinion music is a timeless phenomena locked down by a finite universe of cultural
epochs. In other words it is at best a
necessary love/hate relationship between the creative spirit and the pragmatics
of law and business. And yet it is the
pragmatism albeit subject to scrutiny that keeps this business going isn’t
it? Jimi Hendrix once counseled John
Fogerty who was then not playing his classics because of legal issues that if
he did not play songs like Proud Mary the song would be remembered for the Ike
and Tina Review. That night Fogerty
played live his classic and never regretted it.
I made that choice very
early in my life. By Junior High School
I had formed my first band. In High
School I ducked classes in order to be around the theatre. I continued that path in college. I relocated to NYC where I worked as a janitor, a waiter,
and—yes believe it or not—an administrative assistant to a Wall Street
bank. And even then I never really left
behind the dream of a career as a musician and writer. I’ve been married and had a daughter and went
through a difficult divorce as a consequence of my career path. When it came down to choosing one or the
other the choice was always the arts.
It was that way then
and it is that way now. And I learned to
never look back and accept the challenges with as much grace as I can muster.
That having been said
I’ve made my share of mistakes and had my share of successes. This is the circle of life in the
entertainment industry. We just do it in
front of the world rather than behind the stage. A director counseled me that if I was to make
a mistake, make it a big one.
One of the most
difficult areas of the career in music involves understanding and addressing
the future legal implications of choices made in the present.
I have also learned
that it is much wiser to learn from the successes and failures of others. It’s cheaper and certainly saves much
time. This blog will look at both
personal experiences and the experiences of others in regard to legal matters
and band dynamics.
There is little doubt
that the legal side of things can reveal the absurdity of legal
consequences. The case of John Fogerty
having to sue himself is just one of many.
It is also a great lesson learned for all. The following quote is from a page that looks
at the many absurdities that come out of the world of music. Consider the absurdity of an artist suing
himself for copyright infringement. And
yes it did happen. Take a look below.
John Fogerty v. Himself
Next, any who would contemplate selling off the
rights in their works should make sure they don't wind up doing battle with themselves
for copyright infringement. In 1970 songwriter John Fogerty, a founding member
of Creedence Clearwater Revival, wrote "Run Through the Jungle."
Fogerty then sold the rights to the song to a company called Fantasy in exchange
for a percentage of the sales and other royalties it would bring in. Fifteen
years later when Fogerty published another song, "The Old Man Down the
Road," Fantasy sued Fogerty for copyright infringement, claiming that the
new song was essentially the same song he had previously sold to Fantasy, with
different lyrics. Fogerty was not immunized against this result since the
rights he had licensed to Fantasy with "Run Through the Jungle"
included the right to create a derivative work from it (Fantasy, Inc. v.
Fogerty, 654 F. Supp. 1129, 1132 (N.D. Cal. 1987)). And so a jury found
itself faced with the bizarre task of determining whether one Fogerty song
sounded too much like ... well ... another Fogerty song. Ultimately, the jury
decided that "The Old Man Down the Road" did not infringe on "Run
Through the Jungle" (see 984 F.2d 1524, 1526 (9th Cir. 1993), and Fogerty
eventually was awarded his attorneys fees for defending his work against, well,
his work. (See Fantasy, Inc. v. Fogerty, 94 F.3d 553 (9th Cir. 1996).)
The lesson to young copyright holders should be clear: caveat venditor,
or "let the seller beware."
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