Sunday, May 6, 2012




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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