The Old Man Down the Road
Encyclopedia
"The Old Man Down the Road" is a popular song written and recorded by John Fogerty
. It was released in 1985 and became a top 10 hit single, peaking at #10 on the US singles chart
, and spending three weeks at the #1 spot on the Billboard Top Rock Tracks chart. It was lifted from Fogerty's comeback album Centerfield
. The video for the song, popular on MTV
at the time, features an extended single camera sequence that follows an electric guitar cord through various scenes.
, owner of Fantasy Records
claimed that "The Old Man Down The Road" shared the same chorus as "Run Through The Jungle", a song from Fogerty's days with Creedence Clearwater Revival
years before. (Fogerty had relinquished copy and publishing rights of his Creedence songs to Zaentz and Fantasy, in exchange for release from his contractual obligations to same.) Zaentz sued (Fantasy, Inc. v. Fogerty) but the defendant Fogerty ultimately prevailed when he showed that the two songs were whole, separate and distinct compositions. Bringing his guitar to the witness stand, he played excerpts from both songs, demonstrating that many songwriters (himself included) have distinctive styles that can make different compositions sound similar to less discerning ears.
After prevailing as defendant, Fogerty sued Zaentz for the cost of defending himself against the copyright infringement. In such (copyright) cases, prevailing defendants seeking recompense were bound to show that original suit was frivolous or made in bad faith. This case, Fogerty v. Fantasy, Inc., became precedent when the U.S. Supreme Court
(1993) overturned lower court rulings and awarded attorneys' fees to Fogerty, without Fogerty having to show that Zaentz's original suit was frivolous.
John Fogerty
John Cameron Fogerty is an American rock singer, songwriter, and guitarist, best known for his time with the swamp rock/roots rock band Creedence Clearwater Revival and as a #1 solo recording artist. Fogerty has a rare distinction of being named on Rolling Stone magazine's list of 100 Greatest...
. It was released in 1985 and became a top 10 hit single, peaking at #10 on the US singles chart
Billboard Hot 100
The Billboard Hot 100 is the United States music industry standard singles popularity chart issued weekly by Billboard magazine. Chart rankings are based on radio play and sales; the tracking-week for sales begins on Monday and ends on Sunday, while the radio play tracking-week runs from Wednesday...
, and spending three weeks at the #1 spot on the Billboard Top Rock Tracks chart. It was lifted from Fogerty's comeback album Centerfield
Centerfield
Centerfield is an album by musician John Fogerty, released in 1985. It was his most popular post-Creedence album, containing the hit singles "The Old Man Down the Road", "Rock and Roll Girls" and the title track "Centerfield". Fogerty played all the instruments on this album himself, thanks to...
. The video for the song, popular on MTV
MTV
MTV, formerly an initialism of Music Television, is an American network based in New York City that launched on August 1, 1981. The original purpose of the channel was to play music videos guided by on-air hosts known as VJs....
at the time, features an extended single camera sequence that follows an electric guitar cord through various scenes.
Fogerty v. Zaentz
Saul ZaentzSaul Zaentz
Saul Zaentz is an American film producer and former record company executive. He has won the Academy Award for Best Picture three times and in 1996 was awarded the Irving G. Thalberg Memorial Award....
, owner of Fantasy Records
Fantasy Records
Fantasy Records is a United States-based record label that was founded by Max and Sol Weiss in 1949 in San Francisco, California. They had previously operated a record-pressing plant called Circle Record Company before forming the Fantasy label...
claimed that "The Old Man Down The Road" shared the same chorus as "Run Through The Jungle", a song from Fogerty's days with Creedence Clearwater Revival
Creedence Clearwater Revival
Creedence Clearwater Revival was an American rock band that gained popularity in the late 1960s and early 1970s with a number of successful singles drawn from various albums....
years before. (Fogerty had relinquished copy and publishing rights of his Creedence songs to Zaentz and Fantasy, in exchange for release from his contractual obligations to same.) Zaentz sued (Fantasy, Inc. v. Fogerty) but the defendant Fogerty ultimately prevailed when he showed that the two songs were whole, separate and distinct compositions. Bringing his guitar to the witness stand, he played excerpts from both songs, demonstrating that many songwriters (himself included) have distinctive styles that can make different compositions sound similar to less discerning ears.
After prevailing as defendant, Fogerty sued Zaentz for the cost of defending himself against the copyright infringement. In such (copyright) cases, prevailing defendants seeking recompense were bound to show that original suit was frivolous or made in bad faith. This case, Fogerty v. Fantasy, Inc., became precedent when the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
(1993) overturned lower court rulings and awarded attorneys' fees to Fogerty, without Fogerty having to show that Zaentz's original suit was frivolous.
See also
- List of number-one mainstream rock hits (United States)