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FANTASY, INC. v. FOGERTY

Nos. 88-15815, 88-15816, 89-15118, 89-15120.

984 F.2d 1524 (1993)

FANTASY, INC., Plaintiff-Counterdefendant-Appellee, v. John C. FOGERTY, Defendant-Counterclaimant-Appellant. FANTASY, INC., Plaintiff-Appellee, v. John C. FOGERTY, Defendant, and Warner Bros. Records, Inc.; WEA International, Inc.; Warner Communications, Inc.; WEA Manufacturing, Inc.; and WEA Corporation, Defendants-Appellants. FANTASY, INC., Plaintiff-Counterdefendant-Appellee, v. John C. FOGERTY, Defendant-Counterclaimant-Appellant. FANTASY, INC., Plaintiff-Appellee, v. John C. FOGERTY, Defendant, and Warner Bros. Records, Inc.; WEA International, Inc.; Warner Communications, Inc.; WEA Manufacturing, Inc.; and WEA Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1993.

Attorney(s) appearing for the Case

Kenneth I. Sidle, Gipson Hoffman & Pancione, Los Angeles, CA, for defendants-appellants.

Malcolm Burnstein and Catherine Trimbur, Burnstein & Trimbur, San Francisco, CA, for plaintiff-appellee.

Before: BOOCHEVER, NOONAN, and O'SCANNLAIN, Circuit Judges.

BOOCHEVER, Circuit Judge:

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...

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