Got My Mojo Working - Litigation

Litigation

This song has been the topic of copyright litigation. McKinley Morganfield, a.k.a. Muddy Waters, heard Ann Cole perform this song while on tour in 1956. He modified the words, and attempted to copyright his own version. Dare Records, holder of the Preston copyright, and Arc Records, holder of the Morganfield copyright, settled out of court, with Arc deferring to Dare's copyright. This agreement did not affect the actual copyright status: the two versions are still separately copyrighted. Nonetheless, MCA/Chess has credited the song to Foster in more recent years (for example, in the liner notes to the Chess Blues box set in 1991). Other songs exist that are sufficiently similar to have provoked litigation. In Strachborneo v. Arc Music 357 F. Supp 1393 (S.D. N.Y. 1973), Ruth Stratchborneo sued Arc Music, rights holder to the Preston Foster work, for infringement against her song "Mojo Workout". The court held that "MOJO is a commonplace part of the rhetoric of the culture of a substantial portion of the American people. As a figure of speech, the concept of having, or not having, one's MOJO working is not something in which any one person could assert originality, or establish a proprietary right.".