Fantasy, Inc., Cross-Appellee v. John C. Fogerty

This appeal requires us to consider the scope of a district court’s discretion to award a reasonable attorney’s fee to a prevailing defendant in a copyright infringement action, and in particular, to decide whether a court must find some “culpability” on the part of the plaintiff in pursuing the suit before it can award a fee to a prevailing defendant whose victory on the merits furthers the purposes of the Copyright Act.

John Fogerty, former lead singer and songwriter for “Creedence Clearwater Revival,” recognized as one of the greatest American rock and roll bands, successfully defended a copyright infringement action in which Fantasy, Inc., alleged that Fogerty had copied the music from one of his earlier songs which Fantasy now owned, changed the lyrics, and released it as a new song. After concluding that Fogerty’s victory on the merits vindicated his right (and the right of others) to continue composing music in the distinctive “Swamp Rock” style and genre and therefore furthered the purposes of the Copyright Act, the district court awarded Fogerty $1,347,519.15 in attorney’s fees. Fantasy appeals the award mainly on the ground that the court had no discretion to award…