Chuck Berry
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Chuck Berry Royalties Case Thrown Out By Judge

10/23/2002 4:00 PM, Yahoo! Music
Mark Armstrong

(10/23/02, 4 p.m. ET) -

A federal judge has dismissed a royalties lawsuit against legendary rocker Chuck Berry by his former bandmate pianist Johnnie Johnson. U.S. District Judge Donald Stohr of St. Louis ruled that too many years had passed since the more than 30 songs in dispute were written.

Johnson sued Berry in November 2000, claiming he was owed royalties because he co-wrote many of Berry's biggest hits from 1955-1966, including "Roll Over Beethoven," "No Particular Place To Go," and "Sweet Little Sixteen." Johnson also claims to be the "Johnny" that inspired the rousing song "Johnny B. Goode." Because Berry copyrighted all of the songs in his name alone, Johnson received none of the royalty payments.

Berry's attorney Martin Green said Berry, 76, has no hard feelings toward Johnson, 77. "He likes him very much, considers him a friend, and expects to play with him in the future," Green said. "He doesn't blame Johnnie for the lawsuit. He blames some of Johnson's advisers," he added. Specifically, Green said, Keith Richards of the Rolling Stones and blues legend Bo Diddley recommended Johnson pursue the lawsuit, St. Louis Today reports.

Under the federal Copyright Act, the statue of limitations to seek royalty claims is normally three years. Johnson's attorney Mitch Margo claims his client was so muddled by years of excessive alcohol abuse, he was incapable of understanding he had a right to the decades of royalty payments Berry was collecting.

In his 19-page order dismissing the case, Stohr said that he was "unpersuaded" that Johnson was not competent to recognize his rights. He also threw out Berry's own challenge to Johnson's trademark of the phrase "The Father Of Rock And Roll."

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