"Running on Empty" is one of Jackson Browne's greatest hits and a rock 'n' roll classic. However, it is at the center of a lawsuit brought against John McCain by the award-winning artist. See, John McCain and the RNC used the song in a commercial to mock Barack Obama, but they forgot to ask for permission to use it. Now the Republicans have to deal with Browne in court.
From The Wall Street Journal:
The suit alleges that Senator McCain and the Republican Party failed to obtain a license for the use of Mr. Browne's song in the television commercial. In the commercial, Senator McCain and the Republicans mock Democratic candidate for President Barack Obama for suggesting that the country conserve gas through proper tire inflation.
In addition to a claim for copyright infringement, the suit alleges that by using a song famously associated with Mr. Browne, Senator McCain and the Republican Party violated the United States Lanham Act by falsely suggesting that Mr. Browne is associated with and endorses Senator McCain's candidacy. The suit also alleges that the use of Mr. Browne's voice in the commercial violates Mr. Browne's right of publicity under California law. The suit seeks a permanent injunction prohibiting the use of Running On Empty and any other Jackson Browne composition, as well as damages.
"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 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."
I've never gotten why conservatives and/or Republicans like to use liberal artist's recordings so much for their ads and campaign rallies. Perhaps it is because they want to co-opt the messages within the song (especially Reagan's use of Born in the USA) and flip them upside down. Though I think in this case there is simply no talent on the right and being creative is typically a liberal trait. Of course, when it comes to being sneaky, deceptive and hypocritical....the GOP takes the cake. And this year, McCain is their (dimly) glowing candle on top of that pie.
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