McCain Getting Sued

During the 2008 election campaign, John McCain's team utilized a number of musical recordings at his appearances that did not have the permission of the writers and artists involved in the production of that music. Some of the musicians complained - loudly and publicly. In several cases, it turned out, McCain's staff had gotten rights from a publisher and so the issue seemed to go away.

But it turns out that perhaps the McCain campaign wasn't so careful after all. The following is from Music Net News...

The US District Court for the Central District of California has denied the motions of Senator John McCain and the Republican National Committee to stop the lawsuit filed by singer/ songwriter Jackson Browne for the unauthorized use of Browne's voice and song Running On Empty in a presidential campaign commercial. A legal victory for Mr Browne, who filed his suit in August, 2008 for copyright infringement, false endorsement and violation of his right of publicity. In a series of rulings on February 20, 2009, Judge Gary Klausner, rejected McCain's/RNC arguments that the First Amendment or copyright's fair use doctrine allows their unauthorized use of Browne's voice and song because the use occurred in a political campaign commercial.

Browne's attorney, Lawrence Iser, said; "The Court's decision is a solid victory for songwriters and performers and reflects an affirmation of their intellectual property rights and their freedom from being conscripted as involuntary endorsers of political candidates and campaign messages. We are happy that the Court recognized that persons and parties running for office are not entitled to violate an individual's intellectual property and publicity rights simply because they are engaged in political campaigns. We look forward to presenting Jackson Browne's case to the jury."