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John McCain Fires Back At Jackson Browne With Legal Documents

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November 20, 2008 11:00 AM ET

With his election loss behind him, John McCain has found a new opponent in Jackson Browne. After Browne sued the Republican candidate back in August for using "Running on Empty" without permission in a campaign ad, McCain has fired back in court with a pair of 20-page motions. First, McCain seeks to dismiss the charges, citing "fair use" of a song with "an acknowledged cliché" for a title. McCain's lawyers also say that their use of the song likely increased the popularity of the 30-year-old song than damaged its commercial potential. In a second motion that adds insult to Browne's injury, McCain's lawyers are seeking monetary damages, accusing Browne of attempting to "chill" McCain's free speech. Team McCain is seeking attorney fees and similar costs. While the trial may seem like an afterthought to the election, it could determine the future of music use in political campaigns and whether or not Sarah Palin will be allowed to use "Barracuda" in 2012.

Related Stories:
• "Stop Using My Song, Republicans!": A Guide to Disgruntled Rockers
• Jackson Browne Sues John McCain Over Campaign Commercial
• How Political Campaigns Make Their Music Choices

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Song Stories

“1999”

Prince | 1982

“I don’t consider myself a great poet,” Prince told Rolling Stone. “I just know I’m here to say what’s on my mind.” In the case of the apocalyptic party anthem “1999,” he was worried about then-president Ronald Reagan’s foreign policies. The song’s melody is based on a riff borrowed from the Mamas and Papas’ “Monday, Monday,” and Prince originally envisioned the first verse with three-part harmony but later split the vocals between himself and members of the Revolution. Because Warner Bros., with whom Prince was locked in a contractual battle, owned the original’s masters, Prince rerecorded the song and appropriately released that version in 1999.

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