Grampy McSame campaign attempts to dodge the Jackson Browne "Running On Empty" lawsuit bullet [View All]

[Amerigo Vespucci]

Jackson Browne sues John McCain over song use

http://latimesblogs.latimes.com/washington/2008/08/jackson-browne.html



Jackson Browne is suing John McCain for using the song "Running on Empty" in a campaign ad -- and the veteran rocker is also calling the candidate a great pretender when it comes to standing up for constitutional rights.

Browne, one of rock music's most famous activists for liberal causes, is "incensed" that the presumptive Republican candidate for president has been using Browne's signature 1977 song "Running on Empty" in campaign commercials, according to the singer-songwriter's attorney. Browne filed a copyright infringement lawsuit against both McCain and the Republican National Committee on Thursday in U.S. District Court in Los Angeles seeking a permanent injunction prohibiting the use of the forlorn arena anthem or any other Browne compositions, as well as damages.

They may be suing the wrong people. McCain spokesman Brian Rogers tells our colleague Seema Mehta in Colorado that the ad in question is not a McCain campaign ad but one put together by the Ohio Republican Party.

But Browne's attorney, Lawrence Y. Iser, says they have the right defendants. "We have sued the Ohio Republican Party as well, and we have been informed and believe that McCain and his campaign were well aware of the ad. We are also informed and believe that the ad was broadcast on television in Ohio and Pennsylvania.... The fact that it appears on the Internet means it also reaches an audience well beyond those states."

Iser said the lawsuit "is not politically motivated. It's a copyright infringement lawsuit, pure and simple, but the fact that Sen. McCain has used this song in a hit-piece on Barack Obama is anathema to Jackson."

Iser claims the McCain campaign has a track record of using music without permission.

"They used a John Mellencamp song until he made them stop and he used an ABBA song and a Frankie Valli song -- it's ridiculous and it's setting a terrible example," Iser said. "It's shocking that they don't even attempt to get permission. There's no copyright difference between using a song to sell cars or by people running for president. The music industry continues to suffer due to lack of respect for intellectual property rights, and a candidate for president has a duty to lead by example and ensuring their campaign does as well. The copyright protections are derived from the Constitution itself."

In the commercial in question, Barack Obama is mocked for suggesting that the country conserve gas through proper tire inflation. The suit claims that use of the song violates the Lanham Act by falsely implying that Browne is associated with or endorses the McCain candidacy. The suit also claims the commercial violates Browne's right of publicity under California law.