John Fogerty Finally Feels Like a Fortunate Son

John Fogerty managed to acquire the majority of his historic song catalog from Concord for an undisclosed amount, giving him the U.S. and worldwide publishing rights to most of the songs he wrote for Creedence Clearwater Revival. This marks the end of Fogerty’s 50-year quest to finally own this music, a remarkable story that was first reported by Billboard. It broke just in the wake of Jeff Beck’s death and I almost would have missed it.

According to Billboard, the reclaimed CCR copyrights cover more than 65 songs, mostly written by Fogerty, including gems such as Proud Mary, Down on the Corner, Fortunate Son, Bad Moon Rising, Up Around the Bend and Green River. Concord, which owned the rights since 2004 when it acquired CCR’s original record label Fantasy Records, retains the CCR master recordings in its catalog. They will also continue to administer Fogerty’s share of the publishing catalog for an unspecified amount of time.

John Fogerty signing publishing rights deal with Concord (Photo: Julie Fogerty)

This whole saga started in 1967 when Fantasy Records owner Saul Zaentz offered CCR, who were then still called The Golliwogs, the opportunity to record a full-length album. When they signed a deal with the label, John Fogerty didn’t realize Fantasy would also own the publishing rights to his songs. Fogerty who extricated himself from Fantasy in 1974 made repeated attempts to gain control over his early CCR catalog to no avail. After his relationship with Zaentz had soured, he even refused to perform CCR songs during his concerts until the late ’80s, since he didn’t want Zaentz to profit from any royalties.

Things took a turn to the outright bizarre in 1985 when Zeantz sued Fogerty for copyright infringement, claiming his song The Old Man Down the Road essentially was the music of Run Through the Jungle, a CCR tune to which Zaentz owned the rights. Fogerty prevailed and was also successful in his efforts for reimbursement of legal fees, though it required taking the case all the way to the U.S. Supreme Court. In 1989, it appeared Fogerty through mediation had reached a deal with Zaentz to finally buy his publishing rights, but it fell apart when according to Fogerty Zaentz doubled the price at the last minute, something he couldn’t afford.

While Fogerty signed with Concord after they had acquired Fantasy from Zaentz in 2004 and they reinstated artist royalties to him, Fantasy wasn’t ready to sell any of the publishing rights as recently as 18 months ago. That’s when according to Billboard, he and his wife and manager Julie Fogerty realized that under U.S. copyright law, rights to his compositions would begin reverting back to him in a few years as the songs turned 56 years old, but that wouldn’t have included rights outside the U.S. I think it’s safe to assume this legal context played a role in reaching a deal.

John Fogerty with his wife and manager Julie Fogerty (Photo: Kyle Spicer)

“As of this January, I own my own songs again,” John Fogerty said in a statement on his website. “This is something I thought would never be a possibility. After 50 years, I am finally reunited with my songs. I also have a say in where and how my songs are used. Up until this year, that is something I have never been able to do. I am looking forward to touring and celebrating this year!”

Added Julie Fogerty: “I was always hoping for a miracle that John would own his songs, and I’m so blissful knowing that this has finally come true for him. The songs he wrote for CCR were going to start reverting in approximately three years, continuing for each year forward. I thought to myself that if there was anything I could do to make that happen now, it would be that miracle that we have been waiting for more than 50 years. I began to produce a plan to purchase his publishing right now. In doing so, I enlisted the help of Irving Azoff, Jason Karlov, Susan Genco and we were able to secure the US Rights in addition to Worldwide Rights, which would not have been part of the copyright reversions. I am so joyful, grateful, and excited for John.”

Billboard rightly notes that Fogerty’s purchase decision stands in contrast to other artists like Bruce Springsteen, Bob Dylan and Neil Young, who recently sold their publishing rights for millions of dollars. Of course, nothing would prevent John Fogerty from doing the same. But after a 50-year quest, for now, he’s planning to hang to his publishing rights and for the first time in his life enjoy control over this music.

I’m happy for John and like to wrap up this post with clips of some of the songs he now fully owns. I’m also throwing in a Spotify playlist with these and some other tunes from his 55-year-plus recording career.

Proud Mary – Bayou Country (January 1969)

Green River – Green River (August 1969)

Bad Moon Rising – Green River (August 1969)

Down On the Corner – Willy and the Poor Boys (November 1969)

Fortunate Son – Willy and the Poor Boys (November 1969)

Have You Ever Seen the Rain – Pendulum (December 1970)

Here’s the aforementioned Spotify playlist:

Sources: Wikipedia; Billboard; John Fogerty website; YouTube; Spotify

On This Day in Rock & Roll History: December 16

It’s been a while since the last installment of this irregularly recurring feature. While picking a random date is an arbitrary way to look at music history, I think it’s always interesting to see what comes up. As usual, the picks reflect my music taste and are not supposed to be a complete list.

1965: The double A-side non-album single Day Tripper/We Can Work It Out by The Beatles hit no. 1 in the UK on the Official Singles Chart, becoming their ninth chart-topper there. Primarily written by John Lennon, the tune was credited to him and Paul McCartney, as usual. According to Songfacts, the lyrics were the first reference to LSD in a Beatles song. Day Tripper and We Can Work It Out were also included on Yesterday and Today, a U.S. album from June 1966 that caused an uproar over its original “butcher cover,” showing The Beatles in white coats, covered with decapitated baby dolls and pieces of raw meat. Frankly, I much prefer Day Tripper – always loved that cool guitar riff!

1966: The Jimi Hendrix Experience released their first UK single Hey Joe, backed by Stone Free. Different recordings of the song were credited to different writers, including Billy Roberts and Dino Valenti. Some recordings have indicated it as a traditional song. The first commercial recording was made by Los Angeles garage band The Leaves in late 1965. Hendrix’s rendition is the best-known version of the song and became one of his biggest hits in the UK, reaching no. 6 on the Official Singles Chart.

1970: Credence Clearwater Revival received Gold certification in the U.S. for their singles Down on the Corner, Lookin’ Out My Back Door, Travelin’ Band, Bad Moon Rising and Up Around the Bend. All songs were written by John Fogerty. CCR’s first five albums Credence Clearwater Revival (May 1968), Bayou Country (January 1969), Green River (August 1969), Willy and the Poor Boys (November 1969) and Cosmo’s Factory (July 1970) were also certified Gold. Here’s Travelin’ Band, the lead single from Cosmo’s Factory, which appeared in January 1970, backed by Who’ll Stop the Rain. Love that tune!

1972: Me And Mrs. Jones, the biggest hit for American soul singer Billy Paul, reached no. 1 in the U.S. on the Billboard Hot 100. The song was included on Paul’s 1972 album 360 Degrees of Billy Paul. The tune about marital infidelity was co-written by prominent Philly soul songwriting team Kenny Gamble, Leon Hoff and Cary Gilbert. Songfacts notes Me And Mrs. Jones knocked I’m the Woman out of the top spot, a female-empowerment anthem by Helen Reddy.

1989: Billy Joel’s 11th studio album Storm Front, which had come out in October of the same year, reached no. 1 on the Billboard 200. The piano man’s second-to-final pop record to date was also pretty successful internationally. Among others, it topped the charts in Australia, climbed to no. 4 in Canada, and reached no. 5 in the UK and Germany. Here’s the lead single We Didn’t Start the Fire, which like the album turned out to be a big hit for Joel. The fast-paced recitation of 118 significant political, cultural, scientific and sporting events that occurred between Joel’s birth year 1949 and 1989 became one of his signature songs.

1993: Nirvana’s MTV Unplugged in New York concert aired for the first time on MTV. Unlike other MTV Unplugged shows Nirvana chose to perform predominantly lesser-known material including various covers. Moreover, in contrast to previous performances in the series, which were entirely acoustic, Nirvana used electric amplification and guitar effects during their set. The concert was taped on November 18, 1993, at Sony Studios in New York City, less than five months prior to lead vocalist Kurt Cobain’s suicide on April 8, 1994. Here’s Nirvana’s haunting cover of David Bowie’s The Man Who Sold the World.

Sources: Wikipedia; This Day in Music; Songfacts; Songfacts Music History Calendar; YouTube

My Playlist: Creedence Clearwater Revival

The first Creedence Clearwater Revival song I heard was Have You Ever Seen The Rain. This must have been in Germany around 1974. My six-year older sister, who at the time was in her early teens, had the single. The B-side was Hey Tonight. I liked these two tunes from the very beginning. I also recall listening to Proud Mary and Bad Moon Rising on the radio. I dig this band to this day, and they’ve been on my mind for the past few weeks, since I learned about the Blues & Bayous Tour ZZ Top and John Fogerty will do together later this year.

The story of Creedence Clearwater Revival or CCR started about 10 years before they would become one America’s most successful rock bands. Their first incarnation was a trio called The Blue Velvets, formed in 1958 by Fogerty (guitar), Doug Clifford (drums) and Stu Cook (piano), who all were students at Portola Junior High School in the San Francisco suburb of El Cerrito. In the beginning, they mostly played instrumental music. Their first studio recording experience occurred in 1959, when they backed up African American singer James Powell on a single. Later that year, John’s older brother Tom Fogerty, who himself had been an aspiring music artist, joined the band as their lead vocalist, and they became Tommy Fogerty and The Blue Velvets. At the time, John was not singing yet.

The band started to record some demos written by the two Fogerty brothers. A small Bay Area record company, Orchestra, decided to release a few of their songs, but they didn’t fare well. In 1964, the band signed with Fantasy Records, an independent San Francisco jazz label. Prompted by the record company, they changed their name to The Golliwogs. Fantasy released a few of their songs, but except for Brown Eyed Girl (unrelated to the Van Morrison tune), the music didn’t make any commercial impact. Eventually, most of the band’s members took on new roles: John became the lead vocalist, his brother changed to rhythm guitar, and Cook switched from piano to the bass.

In 1966, Fogerty and Clifford were drafted into the military and joined the Army Reserve and Coast Guard Reserve, respectively. During their six months of active duty, the band was put on the back burner. In 1967, the financially struggling Fantasy was purchased by Saul Zaentz, a salesman for the company, who had organized a group of other investors. Zaentz liked The Golliwogs but told them they needed to change their name. And so they did, to Creedence Clearwater Revival.

The band name had three different origins. Creedence was derived from Credence Newball, a friend of Tom’s. Clearwater was inspired by a beer TV commercial that used the words “clear water.” And Revival reflected the four members’ renewed commitment to the band. They didn’t waste any time to act on it and went to the studio to record their eponymous debut album. Even before it appeared at the end of May 1968, CCR’s cover of the Dale Hawkins tune Susie Q, which they had cut a few months earlier, already received radio play and a good deal of attention. It appeared separately as a single and became their first hit, peaking at no. 11 on the U.S. Billboard Hot 100 – the only CCR top 40 track not written by John Fogerty.

Following their breakthrough, CCR started touring heavily and shortly thereafter began working on their sophomore album Bayou Country, which was released in early January 1969. The band continued an intense touring schedule, which notably included the Atlanta Pop Festival (July 1969) and Woodstock (August 1969). Even though CCR was a headliner at Woodstock, none of their songs were included in the documentary and the accompanying soundtrack. John felt their performance had not been up to standard. They had ended up playing at 3:00 am in the morning after the Grateful Dead, when only few people had been awake. It would take until 1994 when four of the tunes from that night were included in a commemorative box set titled Woodstock: Three Days of Peace and Music.

Ten days prior to Woodstock, CCR’s third studio record Green River was released. Four more albums followed: Willy And The Poor Boys (November 1969), Cosmo’s Factory (July 1970), Pendulum (November 1970) and Mardi Gras (April 1972). By the time this last record appeared, serious tensions over CCR’s artistic and business direction had emerged between John Fogerty and Cook and Clifford. In late 1970, Tom Fogerty already had left the band, which since had been a trio. In mid-October 1972, CCR broke up officially. Time to get to some music!

Susie Q, CCR’s breakthrough song from their first studio album, was recorded in January 1968 and appeared in June that year. Originally, the tune was released by Dale Hawkins in May 1957. It was co-written by him and Robert Chaisson, a member of his band. Due to CCR’s extended version, the single was split in parts one and two, which appeared on the A and B-sides, respectively.

Proud Mary from Bayou Country was the first of five no. 2 hits CCR scored on the Billboard Hot 100. Apparently, the band holds the record for achieving the most no. 2 singles without ever getting a no. 1 on that chart. Like pretty much all songs on the first four albums, the tune was written by John Fogerty. Various other artists have covered Proud Mary, most notably Ike & Tina Turner.

Green River is the title track of CCR’s third studio album from August 1969. The Fogerty tune is one of the no. 2 songs.

Down On The Corner is the opener of Willy And The Poor Boys, CCR’s fourth studio record and the third album the band released in 1969. The tune was also released as a single and became another hit for the band, climbing to no. 3. on the Billboard Hot 100.

Fortunate Son, another track from Willy And The Poor Boys, was the B-side of the Down On The Corner single.

Cosmo’s Factory, CCR’s fifth studio record from July 1970, became the band’s most successful album, topping the Billboard 200 and the LP charts in the UK, Canada and Australia, among others. Here’s a clip of Up Around The Bend.

Another tune from Cosmo’s Factory I like in particular is Who’ll Stop The Rain.

The aforementioned Have You Ever Seen The Rain is from the band’s sixth studio album Pendulum, the final record with Tom Fogerty. If I could only choose one CCR song, it would probably be this one. I totally dig the Hammond in that tune!

Here is Hey Tonight, another outstanding song.

I’d like to conclude this playlist with Someday Never Comes from CCR’s final album Mardi Gras. Unlike the band’s previous records, songwriting and production were shared among Fogerty and Cook and Clifford, something Fogerty had fiercely opposed in the past. While Fogerty’s previous leadership may have been dictatorial, the record’s mixed to poor reviews indicate that a democratic approach wasn’t working well for CCR. Perhaps tellingly, Someday Never Comes and the other Fogerty tracks on the album are the best.

Despite CCR’s relatively short four-year career, they sold 30 million albums and singles in the U.S. alone. The band is ranked at no. 82 on Rolling Stone’s list of the 100 Greatest Artists from December 2010. In 1993, CCR were inducted into the Rock & Roll Hall of Fame. Sadly, Fogerty refused to perform with Cook and Clifford during the induction ceremony. His brother Tom had passed away in 1990.

Sources: Wikipedia; Creedence Online; Rolling Stone; YouTube