Facts
John Fogerty was the lead singer of the popular rock group Creedence Clearwater Revival (CCR). In 1970, as part of CCR, he wrote "Run Through the Jungle," to which Fantasy, Inc., eventually acquired the exclusive publishing rights. CCR disbanded in 1972, and Fogerty began a solo career with another music label. In 1985, Fogerty published "The Old Man Down the Road", which he released on Warner Bros. Records. Fantasy sued Fogerty for copyright infringement (Fantasy, Inc. v. Fogerty), 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 as provided by the Copyright Act of 1976. The district court denied Fogerty's request, concluding that Fantasy had not brought its suit in bad faith and that it was not frivolous. The Ninth Circuit affirmed, refusing to abandon its differing standards for successful defendants who sought attorney's fees in copyright cases than for successful plaintiffs. Under this double standard, prevailing plaintiffs generally obtained attorney's fees as a matter of course, while prevailing defendants had to show that the original suit was frivolous and brought in bad faith. Because other courts of appeals did not have double standards for awarding attorney's fees in this context, the Supreme Court agreed to review the Ninth Circuit's decision.
Read more about this topic: Fogerty V. Fantasy
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