Jackson Browne Vs John McCain In Copyright Suit

Veteran folk-rocker Jackson Browne has filed a lawsuit for copyright infringement against both the Republican National Committee and it’s candidate for president John McCain, according to a report published today by the Los Angeles Times.

Saying he was “incensed” by McCain’s use of his best known song “Running On Empty” in a campaign ad that criticizes Democratic presidential candidate Barack Obama’s call for conserving fuel by properly inflating your vehicle tires, Browne also quotes another of his songs, calling McCain a “great pretender” when it comes to standing up for constitutional rights. The suit was filed on Thursday in U.S. District Court in Los Angeles.

Jackson Browne has over the years, become known as much for his stands on liberal political causes as he has for his music. The rocker has lent his voice to numerous benefit concerts ranging from the No Nukes benefit shows to 2004’s “Vote For Change” tour, where he joined such artists as Bruce Springsteen, R.E.M., and the Dixie Chicks for a series of shows in support of then Democratic presidential hopeful John Kerry.

The use of popular music in presidential campaigns is of course nothing new. Barack Obama’s campaign regularly warms up the crowds at his rallies with songs by Stevie Wonder, U2, and Bruce Springsteen. John Kerry’s unsuccessful 2004 bid used Springsteen’s “No Surrender” as it’s theme song. The difference here is that these candidates all obtained the permission by the artists to use the songs. Earlier this year, John Mellencamp asked the McCain campaign to “cease and desist” using his songs at their events.

Still, Browne’s attorney Lawrence Y. Iser says that 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 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 copyright infringement suit, Browne contends that use of his song “Running On Empty” violates the Lanham Act by falsely implying that Browne supports or endorses the McCain candidacy. The suit also claims the ad violates Browne's right of publicity under California law.


RELATED: Jackson Browne, bruce springsteen, john mellencamp, U2, Dixie Chicks, stevie wonder, R.E.M.

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