Jackson Browne sues John McCain over song use

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.

Browne declined comment through Iser. The 59-year-old singer is one of the most politically immersed artists of his generation. He performed at the No Nukes concerts in 1979 and, in the years after, his albums shifted strongly toward political messaging, such as his 1986 album, "Lives in the Balance," and its harsh appraisal of the Ronald Reagan years.

There have been a number of instances through the years when performers have been angered by the use of their music by a politician. Bruce Springsteen, another No Nukes performer, cried foul when Reagan, running for re-election, invoked the patriotic imagery of "Born in the U.S.A.," a song that is actually a dark essay on the fractured American dream.

Our colleague Dan Morain, who spends most of his time tracking campaign money, passes along some of Browne's contribution history. No surprise: Browne likes Democrats. Morain reports that Browne, a modest campaign donor over the years, gave Obama $2,000 shortly after he won his Senate seat in 2004 and another $2,300 in March. Browne also has given about $5,500 to MoveOn.org, $5,266 to Rep. Lois Capps of Santa Barbara. And he's sent $1,000 to Al Franken, the Democratic Senate candidate in Minnesota, $500 to Ned Lamont for his 2006 run for Joe Lieberman's Senate seat in Connecticut.

In the 2000 election, though, he went with Ralph Nader, giving the once and future presidential contender $2,000 for a race many Democrats still think cost Al Gore the White House.

-- Geoff Boucher

This is an updated post.

photo of Jackson Browne in 2007 by Evan Agostini/Getty Images

Comments

[Adrian]

The right wing nuts here have nothing to say for their old angry man McBush except to repeat Karl Rove's talking points -- and of course to say "but he's a war hero!".

It works on Fox and on right wing blogs, so why not here?

[HowieCarr]

Jackson Brown is still around? Seems to me he'd welcome any airing of his old songs.

Send in the clowns, Mr. Daryl Hannah...

[HD]

If McCain's campaign is paying the BMI/ASCAP licensing fees, there's probably not much Browne can do about it. He'd let leftsts use his songs for free, though...

[BuckeyeSandy]

While the "recording artist" may not like the use of the song he wrote, I am thinking if the McCain Campaign got a license for use from the music copyright holder (often times the recording company) then what is the artist complaining about??? He got his cut of the profit. may not like the use, oh well. That is what happens when you sell or sign away the rights.

It's happened to others over the years. Count the money and sent it on to Obama if you are so incised.

[Campaigner]

There's a small problem here - the production company responsbile for making the ad paid the appropriate licensing fees for the use of the song.

[VW Driver]

Browne's copyright is signed up with ASCAP. They collect money for the use of his work and in turn pay him or his publishing company: http://www.ascap.com/ace/search.cfm?requesttimeout=300&mode=results&searchstr=2496800&search_in=c&search_type=exact&search_det=t,s,w,p,b,v&results_pp=20&start=1

[tbone]

Remember Jackson is the guy who believes in "environmental and societal justice." Too bad he didn't believe in that when he was slapping Darryl Hannah around. Anybody who slaps him back, in any way, is ok with me.

[Tanya]

Jackson Browne is one of the most outstanding American artists out there. He has always cared about this country. Do your research and see how much time and money he has given to this countries needs!!! Is it right to use someones property for your benefit if it doesn't belong to you? Maybe McCain should have asked!!!!! Jackson why don't you try using something of McCains and see what happens? Like he wouldn't sue you.

[Bill]

Jackson Brown has always been a lightweight clueless moron. No point manning up now. What is amazing is does he think his petty harassment will garner a single vote for the cult of personality candidate (to call Obama an empty suit is an insult to clothes hangers everywhere) or lose 1 single vote to McCain. Get lost JB you washed up has been

[scootmandubious]

Fla Lady wrote:
"Jackson Browne, a woman-beater, has-been, druggy musician objects to a war hero using his song? What a loser. "
-----------------------------------------------
What a typical GOP tactic....slam and slander somebody you don't like. I felt the need to shower after reading your tripe.

In the spirit of your own GOP tactics, let me take a shot at it...Speaking of your "war hero" comment, since you likely favored a man in '04 who can't prove he even showed up for guard duty, over a man who was a legitimate war hero, what exactly was McCain's heroic act?

Getting shot down?

Didn't he, after being tortured, do his captors bidding and speak out against the America (admittedly under duress)?

Didn't he attempt suicide (also under duress)?

Didn't he cheat on his wife when he returned and then drop her for a younger, trimmer, more attractive, wealthier woman?

Wasn't he a member of the Keating 5?

Outside of getting shot down, what exactly were Senator McCain's heroics?

Inquiring minds want to know.

[Sammy]

Is this the same Jackson Browne that used to throw the no nukes concerts and rallies? If it wasn't for this genius and his contemporaries, the country would be energy independent by now.

[scootmandubious]

Free Thinker wrote:
"Wife beater? No. Typical "talking points" lies from the GOP media machine (Fox) is defense of their candidate. The story began as an innuedo in a Fox-produced film about JFK Jr, based on a National Equirer photo of Darryl Hanna sport what they claim is a black eye. Police investigated the story and no charges were filed. Darryl Hanna denies any assault ever happened. Browne eventually received a formal apology from Fox and a retraction of the allegation.

"See for yourself before swallowing the Fox BS: http://www.ew.com/ew/article/0,,465716,00.html"
------------------------------------------------------------
You may not want to waste your time educating these slanderers and swift-boaters. As is evidenced in books like 'Obama Nation," truth is not part of the GOP playbook.

I love the fact that Corsi keeps talking about 700 footnotes, as if that somehow valifidied his lies. Referencing another liar and slanderer does not give one credibility.

However, the GOP right-wing tactic of bulk buying apparently does...propelling the book to #1 on the NY Times list....as if it got there legitimately.

Larry King should be ashamed of himself for giving the nation's #1 swift-boater (and proven liar) a platform on his show.

What is wrong with the msm media?

Sorry...the answer to that one could fill a thousand books.

[shirlin]

McShame has been stealing music, ideas, language, and tax payers money for decades. Why is he getting disability money when he says he is healthy enough to run for and become President? AND married his adulterous trophy heiress wife and they live in nine McSlime mansions and he wears $600 Italian shoes? We citizens all know that the huge unadmitted elephant R in our living rooms stand for the Republican Party and its exploitation of Obama's ethnicity. Obama's visit to Tutu in Honolulu demonstrates where his roots are, with loving grandparents and a single mother who raised him as a struggling middle-class biracial child in the most multiethnic tolerant state of the US. McSame owns NINE expensive homes and wears $600 pairs of shoes. He was a legacy student whose failing grades would never have admitted him to Annapolis if it weren't for his military elite Admiral grandfather and father. He is Bush's third term, but on its doddering last legs. Where is the scrutiny of McShame's lies, deceptions, Keating Five past, adulterous history, failed military record, out-of-control anger tantrums, ignorant statements, sheer stupidity, lobbyists corruption and more?

[Paul]

In the world of kicking out ads in a few days, people get sloppy. To claim the lawsuit wasn’t at least partially politically motivated…….well..

"Browne’s attorney, Lawrence Y. Iser believes otherwise: “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.” 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.”

Browne likes Democrats. Morain reports that Browne, a modest campaign donor over the years, gave Obama $2,000 shortly after he won his Senate seat in 2004 and another $2,300 in March. Browne also has given about $5,500 to MoveOn.org, $5,266 to Rep. Lois Capps of Santa Barbara. And he's sent $1,000 to Al Franken, the Democratic Senate candidate in Minnesota, $500 to Ned Lamont for his 2006 run for Joe Lieberman's Senate seat in Connecticut."

McCain/Palin 08!!! Join Us!

[Rod]

Wow, all the leftists disparaging the service record of one of our war heros...amazing...not surprising though.
@John McCain is Bush - Stealing is Stealing, I agree. Lets take it further illegal is illegal so lets get rid of the illegal aliens in our nation...but yeah that will be too much truth for a leftist kool-aid drinker like you.
As far as Jackson Browne is concerned, he should be happy anyone is even playing his outdated garbage...he should take the free publicity and be happy that there might be a person out there that actually likes the garbage, would inquire about who performs it and maybe even give his sorry behind a sale.

[Frankie]

Lighten up Jackson - go back to beating women and selling all your crap on your website, you havn't been relavent in years

[nmh]

Jackson Browne should be pleased he is getting any air time. The guy is washed up.

guess he is a little frustrated now that he no longer has Darryl Hannah to smack around...

[Scootmandubious]

From the 'unparalleled hypocrisy department', Rod wrote:
"Wow, all the leftists disparaging the service record of one of our war heros...amazing...not surprising though."
----------------------------------------------------------
In 2004 a legitimate war hero, was trashed by the GOP, who supported a man who still has not been able to verify he served his full term of service with the national guard.

I would bet the farm you had no trouble trashing THAT war hero, eh 'Rightie?'

At least lefties are in our right minds...think about it.

[Cactus Conservative]

Here is a very interesting audio interview with Browne's attorney Larry Iser. Once you get past all the political games and bashing of personality this is a very interesting case of theft of musical copyright by people who ought to know better.

http://thelegalbroadcastnetwork.squarespace.com/the-lbn-blog/2008/8/15/jackson-browne-files-lawsuit-against-mccain.html

Audio interview is attached.

[Elizabeth]

Is it just me or is Jackson Browne a possible fraternal twin of John Edwards, just with longer hair? They're almost the same age, no? (Too lazy to look it up.) I think Browne should have his lawyer invite Edwards to join the legal team suing McYouKnowWho. And by the way, I see no reason Edwards should be out of consideration as Attorney General when Obama wins, just because of personal behavior. Got it, John? Forgive me, it's Friday.

[uslibs]

Hey Rod
Are you still wearing that purple bandaid.? No problem
trashing that veteran, right?
Hypocrite

[Mark N.]

Browne wouldn't recognize a hero if he were dipped in napalm and lit on fire.

I'm not so sure about that. I guess there's only one way to find out, but it might be a bit painful for Senator. McCain. On second thought, with him being the big ol' war hero and POW camp surviror that he is, a little napalm and a little fire might not faze him in the least.

[gwen]

It's hilarious that some commenters are cheering McCain for stealing Brown's song for his political ads, at the same time complaining that Brown should stay out of politics. Um hello??? It was McCain that co-opted Brown's work for a political agenda, not the other way around.

[Robert M]

Jackson Browne should be happy to allow McCain to use his music, its the only time we ever hear it anymore. I'm sick of these old hippies always suing the GOP in the hopes we'll elect one of their communists like Obama as president. Jimmy Carter was as close as we've gotten so far and look how he wrecked the nation in four years, Obama will be ten times worse. Read Obama Nation by Jerome Corsi, and learn about Black Liberation Theology and the real Barack Obama. Despite what the dems want you to think Corsi has done a marvelous job of backing up his words with over 600 foot notes.

[Ozark_Sunshine]

XS you sir are a liar about McCain. He never aided and abetted the enemy, like you have. The Republicans aren't stealing anything. By law, as long as they pay the fees to play the songs, they may use them, so quit with your liberal lies and try stating a fact for once. These Hollyweird has beens are as worthless as you liberals who think life owes them something. You all need to get a life.