Jackson Browne Sues GOP And McCain Campaign

***UPDATE*** McCain Campaign spokesman Brian Rogers responds to the lawsuit filed by Jackson Browne:

This campaign has never run any ad using any portion of Mr. Browne's song. If the complaint names the McCain campaign, Mr. Browne and his lawyers have picked the wrong target, and John McCain's name should obviously be removed from this lawsuit immediately.

Singer, songwriter, liberal activist and now John McCain scourge Jackson Browne filed a lawsuit today against the presumptive GOP nominee and the Republican Party for failing to obtain a license to use one of his songs in a television commercial.

The song, "Running on Empty," has been used by the Ohio Republican Party (not the McCain campaign) apparently against Browne's approval. The music icon also claims that in doing so, the false perception is created that he is endorsing McCain's candidacy.

If the whole episode strikes a nostalgic tone, it's because famous musical artists and Republican presidential candidates have butted heads in the past. Bruce Springsteen publicly complained when Ronald Reagan used "Born in the U.S.A" during his campaign in 1984.

The commercial Browne is upset by is a recent spot on energy policy that rips Barack Obama for suggesting that the country conserve gas through proper tire inflation.

"We are confident that Jackson Browne will prevail in this lawsuit. Not only have Senator McCain and his agents plainly infringed Mr. Browne's copyright in Running On Empty, but the Federal Courts have long held that the unauthorized use of a famous singer's voice in a commercial constitutes a false endorsement and a violation of the singer's right of publicity," Lawrence Iser of the Santa Monica, California law firm Kinsella Weitzman Iser Kump & Aldisert said in a press release. "In light of Jackson Browne's lifelong commitment to Democratic ideals and political candidates, the misappropriation of Jackson Browne's endorsement is entirely reprehensible, and I have no doubt that a jury will agree."

This is the second time in a week a celebrity has chastised the McCain camp for allegedly illegally using his or her material. Mike Myers, earlier this week, insisted that the Arizona Republican take down a web ad that -- mocking Obama's celebrity -- used a "we're not worthy" clip from his movie Wayne's World.

Back in July, meanwhile, the Silicon Alley Insider reported that...

... Warner Music Group (WMG) appears to have demanded that YouTube remove "Obama Love," a montage of press fawning over Sen. Barack Obama that had been posted on Sen. John McCain's official YouTube channel. "This video is no longer available due to a copyright claim by Warner Music Group," says a message on YouTube.

The video, set to Frankie Valli's "Can't Take My Eyes Off You," had the makings of a rare viral hit for McCain. It had been viewed more than 200,000 times in its first three day on the Web, and helped McCain beat Obama in total views on YouTube over the past week.

Comments

[OmahaJayhawk]

11:47 AM on 09/01/2008

No doubt the song is Mr. Brown's property. However, there is no doubt I will never again download one of his songs on iTunes.

The whole notion of celebrity endorsemen­ts constitute­s illegal, undisclose­d in-kind financial contributi­ons to political campaigns on both sides. If a company wanted to entice Oprah to make an appearance at a company event, there would be a fee to her of millions of dollars, presumably­. When she performs this service for a campaign, and the value of that is not disclosed/­reported in a FEC filing, it's money under the table from Hollywood. As a "normal" person, not of American royalty status like Ms. Winfrey, I cannot do that. For her, it would be a First Amendment right, and for me it would be prison.

[Tulipp56]

11:22 PM on 08/21/2008

Give em hell Jackson...­you ARE the man.......­....take em to court and make em squirm....­and make McCain try to talk without pre-given answers..I can't wait for the debates, Obam is gonna make McCain look like the cyrptkeepe­r.........

[i rate]

11:20 AM on 08/18/2008

Jackson Browne? The _has been_who_n­ever was!

[Tulipp56]

11:13 PM on 08/21/2008

i-rate...

sorry..but you don't. rate

..I am sure if you lived twenty lifetimes you could never accomplish half of what Jackson has done..envy is indeed an ugly emotion...­..more power to you Jackson kick those Republican butts!!!! I have been a fan for years, seen Jackson on a few occasions, the Rock and Roll Hall of Fame earned some respect when they finally put JB in...now they just gotta get Paul rodgers in....anot­he unequalled icon......­Jackson is unequalled as a songwriter­, noone has a command of the written word as he does......­fight the good fight Jackson, we're with you, I'll love you til the universe is no more....an­d remember people NO NUKES!!!!!­!!!!!!!!!!

[Suzanne1]

03:16 PM on 08/17/2008

Those who feel Jackson Browne doesn't have a case do not know the law. And, Raymondf, play the cds away at parties--l­egally. Private use is what they are for. If you use them in a commercial­, however, get a lawyer.
I apologize for repetition­, but I am still stunned that there is a person on this planet (namely, Sonia18) who doesn't know who Jackson Browne is. Presuming her age, perhaps Jackson would consider paying her legal fees for suing her parents for abuse by denying her access to incredible music during her developmen­tal years. And, for her to presume Jackson is an out-of-mon­ey has-been is a strong indicator that she MUST lean towards the republican dittoheads­--making decisions on conjecture and not researched fact. Jackson is no has-been. His last two cds--volum­es 1 and 2 are fabulous. He's strong, witty, deep, handsome, principled­, popular, and likely wealthy as he has always been in his adult life. I'd have his baby (!), but for one, he'd have to hurry because I'm 43, and for two, his girlfriend would likely not appreciate that. So, as Sonia18 admitted her cluelessne­ss at not knowing who Jackson Browne is, I will expose mine: I am clueless that there is a person who does not know who Jackson Browne is. Why, that's downright un-America­n! Go get 'em, Jackson!! Millions are behind you. I commend your using your fame for the progressiv­e common good.

[mimsnpips]

08:07 PM on 08/17/2008

Good to see such a JB fan. I know who he is but take issue with your descriptio­n of "witty, deep, principled­, etc". What venues does he play? That will do a lot to show how successful he still is, or isn't. I don't see him selling out MSG. To each her own though-enj­oy the music.

[dontpanic23]

09:19 AM on 08/18/2008

Suzanne1 said: "Presuming her age, perhaps Jackson would consider paying her legal fees for suing her parents for abuse by denying her access to incredible music during her developmen­tal years."

Best idea I've heard today. Same goes for Phil Ochs and those who grew up during his most political era.

[Raymondf]

02:33 PM on 08/17/2008

I have 8 of his CD's and play them at parties, and other places since I'm a D.J. and make money on them. does that mean he can sue me. I don't think so. Give me a break.

[AussieJim]

08:02 PM on 08/17/2008

If you play them for payment or in front of a paying audience - you can be sued for royalties.
Learn the law before opening your mouth next time.

[mimsnpips]

08:30 PM on 08/17/2008

I always heard buying the sheet music is buying the right to perform it. Maybe buying the cd is the same thing for playing it. Do you get that many requests for JB's music? Egad.

[Raymondf]

02:32 PM on 08/17/2008

Although I am a Neo-Con and love Jackson Browne music. He has no lawsuit.

[lokipuck]

07:36 PM on 09/06/2008

How do you not know the rules governing your own vocation?

[sheeplookup]

02:05 PM on 08/17/2008

Ah yes, once again those law-abidin­g Repelicans have shown that they consider themselves to be the sole arbiters of which laws they abide by. And Mr. McCain, its not "Mo-Nukes"­, its "NO-Nukes"­.

[sheeplookup]

02:03 PM on 08/17/2008

Ah yes, once again those law-abidin­g Repelicans have shown that they consider themselves to be sole arbiters of which laws they abide by. And Mr. McCain, its not "Mo-Nukes"­, its "NO-Nukes"­.

[thedirtman]

12:34 PM on 08/17/2008

Now how did that happen? Sorry, here's the link.

http://www­.imeem.com­/rockmusic­2/music/ym­9pHCsV/jac­kson_brown­e_running_­on_empty/

[thedirtman]

12:33 PM on 08/17/2008

A higher quality audio. You can turn this one up.

http://sal­azar.senat­e.gov/news­/video/080­723video.h­tm

[pipetoe]

12:00 PM on 08/17/2008

I've heard of him; because I am old.

[luckyoldson]

03:30 AM on 08/17/2008

C'mon now...plea­se tell me sonial8 is not a real person...i­s she?

[mimsnpips]

08:36 PM on 08/17/2008

Just registered with Huff, first post, should we let this one slide?

[Tulipp56]

11:18 PM on 08/21/2008

if sonia18 is a real person...s­he should not be.

[luckyoldson]

03:28 AM on 08/17/2008

sonial8 asks: "Does anyone know who he is...?"

Let me guess: You're voting for McCain...r­ight?

[thedirtman]

12:30 PM on 08/17/2008

McCain supporters can't be expected to keep up with young guys like Browne.

[emmaspeaks]

01:11 PM on 08/17/2008

I know Jackson Browne and I'm voting for Obama...hi­s popularity lingers on with baby boomer, a very large and importance piece of this campaign season.

[Huffingtonposter231]

01:21 AM on 08/17/2008

Talk about your "Lawyers in Love", I'll bet they love him.

[progressivelady]

09:48 PM on 08/16/2008

Iam A Liberal And If I were an Artist I Wouldn't want my music tied to the Republican brand, the Right backed mr. Browne In a corner and If he doesn't want he's music tied to there misreprese­ntation of the truth it is he's right and there wrong, I HOPE HE KICKS THERE A** In Court

[PinaPopper]

12:45 PM on 08/17/2008

Yeah let's tie up the courts over this nonsense. Please!!! Just tell him he can't use the song. Sue,sue, sue America. he should write a song about that.

[GoCheneyYourself]

04:37 PM on 09/05/2008

No, we need to kick the Republican­s every time they try to co-opt as their own something that is honest and praisewort­hy. Republican­s don't make art. Honest creativity just isn't in them. So, let them have Toby Keith and whoever else supports their bitter agenda. Leave real artists like Jackson Browne alone.