Jackson Browne Sues John McCain Over Song Use in Campaign Advertising
People may need a reason to believe in Republican John McCain as the country’s next president, but singer, songwriter and liberal activist Jackson Browne doesn’t want it to be his signature late 1970s song “Running on Empty.”
Browne has sued the presumptive Republican nominee, along with the Ohio Republican Party, over their alleged unauthorized use of the song in campaign advertising, reports the Los Angeles Times in its Top of the Ticket blog. The federal suit, which was filed today in Los Angeles, seeks an injunction prohibiting further use of this song, or any others of Browne’s, as well as damages.
“It’s a copyright infringement lawsuit, pure and simple,” says Browne’s lawyer, Lawrence Iser, who contends that this isn’t the first time that McCain has used a song in campaign advertising without permission. “But the fact that Sen. McCain has used this song in a hit-piece on Barack Obama is anathema to Jackson.”
However, the lawsuit alleges more than simply a copyright violation, writes the Dallas Morning News. “In addition to a claim for copyright infringement, the suit alleges that, by using a song famously associated with Mr. Browne, Mr. McCain and the GOP violated the federal Lanham Act by falsely suggesting that Mr. Browne is associated with and endorses Mr. McCain’s candidacy. In addition, the suit says the use of Mr. Browne’s voice violates Mr. Browne’s right of publicity under California law.”
A McCain spokesman says the Ohio Republican Party, not he, is responsible for the advertising at issue.
