Fogerty

BACKGROUND

In 1970 appellant John Fogerty, a popular musician and songwriter, wrote a song entitled “Run Through the Jungle” (“Jungle”). Fogerty sold the exclusive publishing rights to the song to Fantasy, Inc.’s predecessors-in-interest, Cireco Music and Galaxy Records, in exchange for a sales percentage and other royalties derived from the song’s exploitation. Cireco and Galaxy obtained a copyright on “Jungle,” which Fantasy subsequently obtained by assignment.

In 1985 Fogerty published a song entitled “The Old Man Down the Road” (“Old Man”), registered a copyright, and authorized Warner Brothers Records, Inc. to distribute “Old Man.” Fantasy alleged that “Old Man” was merely “Jungle” with new words and filed an action for copyright infringement against Fogerty, Warner, and related companies. Fogerty pleaded four counterclaims, seeking rescission of the music publishing agreements he had entered into with Cireco and Galaxy and restitution of the songs covered by those contracts and, assuming a favorable ruling on the rescission claim, alleging copyright infringement of those songs by Fantasy and seeking damages and an accounting. After a jury trial on Fantasy’s copyright claim…