Vanderbilt Journal of Entertainment & Technology Law Volume 17 Issue 3 Issue 3 - Spring 2015 Article 2 2015 Father(s?) of Rock & Roll: Why the Johnnie Johnson v. Chuck Berry Songwriting Suit Should Change the Way Copyright Law Determines Joint Authorship Timothy J. McFarlin Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the Intellectual Property Law Commons Recommended Citation Timothy J. McFarlin, Father(s?) of Rock & Roll: Why the Johnnie Johnson v. Chuck Berry Songwriting Suit Should Change the Way Copyright Law Determines Joint Authorship, 17 Vanderbilt Journal of Entertainment and Technology Law 575 (2020) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol17/iss3/2 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact
[email protected]. Father(s?) of Rock & Roll: Why the Johnnie Johnson v. Chuck Berry Songwriting Suit Should Change the Way Copyright Law Determines Joint Authorship Timothy J. McFarlin* ABSTRACT "Father(s?) of Rock & Roll" utilizes a unique and historic resource-the previously unseen deposition testimony of Chuck Berry and his piano man Johnnie Johnson-to analyze the problems with how copyright law currently determines joint authorship and to propose a new "Berry-Johnson"joint authorship test. In 2000, Johnson sued Berry, claiming he co-wrote the music to nearly all the significant songs in the Berry canon. Granted access to the case file, I quote and analyze key portions of their deposition testimony, using it as a case study of high-level collaborative creativity and exploring what it can teach us about how best to determine joint authorship under US copyright law.