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John McCain Fires Back At Jackson Browne With Legal Documents

11/20/08, 11:00 am EST

Photo: Getty

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.

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Comments

Joe | 11/20/2008, 11:12 am EST

Mr McCain, how do those sour grapes taste?

John | 11/20/2008, 1:19 pm EST

This sentence says it all:

“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.”

How removed are Republicans? Jackson Browne has built his reputation on crusading for progressive causes for years, so why would he turn his back on the base that have made him successful for so many years to sell a few thousand records in the short run? I’m sure Browne would give all those record sales back from this fall if he could ensure long term success from what he had going already.

Funny | 11/20/2008, 1:28 pm EST

Please someone tell Mr. McCain that Jackson Browne does not need him to remind any one of what a great song Running On Empty is…I was just at a sold out show of Mr. Browne’s a month earlier and the audience was on its feet to this song…and I’m certain it wasn’t because McCain raised it’s popularity…laughable….

JP | 11/20/2008, 3:26 pm EST

I would like to see this case make precedence. I’m tired of politicians using people music without permission. I believe the use of the music is a tacit approval of the candidate. If you have to get an artist approval to use their song for a commercial, then it’s not too much to ask to get an artist approval to use their songs for your campaign.

Cheney4Pres! | 11/20/2008, 7:53 pm EST

Jackson Browne is a washed up, low talent, wife-beating a-hole anyway….Most people under 40 have never heard of this guy, so eventhough I didn’t vote for McCain in this election I have to agree with him that he probably did Browne more good than harm in making him relevent again. Someone tell Jackson that the 60’s are over. Also, please tell him that he’s a loser for ever laying a finger on a woman, and a complete hypocrite for fighting for all these “noble” causes while being a complete punk at home…

Anonymous | 11/20/2008, 9:31 pm EST

to the previous poster… Jackson Browne may have (allegedly) hit his wife… but your beloved Dick Cheney shot somebody…. Which is worse?

Dave | 11/21/2008, 7:38 am EST

Wow, McCain, is this what it’s come to? Guess we selected the right guy for office.

harpo | 11/21/2008, 8:25 am EST

Another washed up singer trying to put a boost into his career!!!

What’s he crying about….McCain gave a boost to a song of his that truly describes the singer “Running on Empty”.

And Dave my man to the contrary….Browne is going against the President Elect’s wishes to have folks reach across the aisle. He just lost his invite to perform at the inauguration!!!! :)

Rob S. | 11/21/2008, 8:35 am EST

Jackson has been a great disappointment anyway. He has perpetuated the illusory idea of the “left/right” paradigm, while expressing the most poignant sonic imagery in popular music. That’s how the NWO does it. Hook ‘em into the phony paradigm with an emotionally charged song.

Jim McCabe | 11/21/2008, 8:39 am EST

I’ve never voted Republican and HATE Bush/Cheney/McCain. Hitting a woman is FAR worse than accidentally shooting someone.

j | 11/21/2008, 4:45 pm EST

I’ve heard that the court battle will turn into a reality show, with Lawyers in Love as the theme song.

Mike/Houston,TX. | 11/21/2008, 5:33 pm EST

I’ll keep Jackson Browne’s music from 1972 – 76, which is his ‘classic’ era. Beyond that, he lost me, and the allegations from his domestic partners won’t salvage anything either. I’ll remember him as he was, before the BS.

Simple Math | 11/21/2008, 9:09 pm EST

John McCain+Jackson Browne=losers

Stu in Des Moines | 11/22/2008, 12:39 pm EST

Jackson Browne washed up? Hardly, you must be one of those who like Pink, or Aguilera or something equally lame.

davey | 11/22/2008, 12:41 pm EST

Although “Running On Empty” certainly is evocative of the McCain-Palin train wreck, a much better choice would have been Beck’s “Loser”…

Bob | 11/22/2008, 12:41 pm EST

McCain,is a sore loser who had ‘NO CHANCE’of winning now he want’s to try beating jackson browne,well he’s gonna lose this one to.

Jim | 11/22/2008, 1:54 pm EST

I thought Republicans were supposed to be strong supporters of property rights.

People conveniently forget (or don’t know) how badly McCain treated his first wife before he struck it rich, so people who live in glass houses…

Casual Observer | 11/22/2008, 5:57 pm EST

Best thing Jackson Browne ever did was co-write “Take it Easy” for the Eagles. When a decrepit monkey skeleton like Browne tries to keep his pimp hand strong on Daryl Hannah it’s pathetic. He reminds me of that dude that Forrest Gump beat down in the Black Panther party.

JimI | 11/22/2008, 10:57 pm EST

Several previous posts have completely missed the point. Regardless of who you voted for, and what you might think of Jackson Browne, THE POINT IS THAT SOMEONE USED SOMETHING THAT BELONGS TO SOMEONE ELSE WITHOUT PERMISSION.

If you painted a painting 10 years ago, it should never matter where your career has gone, or who anyone else is: if they don’t get the right permission, they can’t use your stuff.

Imagine trying to defend yourself after you painted a picture of a “an acknowledged cliché” like “birds and bees” and some school or author decided to use your imagine in a book or commercial without your permission.

No matter what you think about the parties involved, McCain broke the law.

Further, McCain’s countersuit is a joke, but he is obviously financially-motivated to wipe the egg off his face from his latest losing battle.

On this basis, OJ could have countersued his accusers of defamation. Total crap.

Hiding in Honduras | 11/23/2008, 8:27 am EST

Please, My Friends……
Let this sickening candidate leave the press once and for all…He’s hard to look at, hard to listen to, and now, is offending people with a lawsuit against a guy who has done more for his country than McCain ever did… Just let this redneck die and leave us all alone…

stupid McCain | 11/23/2008, 11:28 am EST

ha ha,,,,,you soooooooo lost. Dumb ass.

Ridiculous | 11/24/2008, 11:24 am EST

How stupid is this? Browne for being such a crybaby and McCain for not letting it go. McCain knew that Browne was a flaming liberal when he used the song, but did he break the law? Did McCain’s group pay whatever fees they needed to pay to use the song? If so, get over it. What a load of crap, all the way around and a colossal waste of time for the courst.

Ridiculous | 11/24/2008, 11:38 am EST

Get over it. This is stupid for both sides and a waste of time for the courts. Browne’s a crybaby and McCain knew he was a flaming liberal when he used the song. Did McCain pay for the use of the song? If so, let this thing go away.

Larry Linn | 2/24/2009, 4:38 pm EST

Anyone can down load and listen to the song for 99 cents. If 1,000,000 people heard the advertisement, times 99 cents would be that would be $990,000. Hence, the market determines the value. Downloading, reproducing, or recreating artistic properties for any commercial use, without consent is not legal. This is a perfect example why the country is better off without McCain as President. He was raised in a military family, received his education in economics at Annoplis, and has no experience in the business world. You would never hear him claim that the buck stops with him. It is ironic that the Repugnicans have a major problem with China, where clones Microsoft software are typical. I can only conclude that the Repugnicans have no respect of intellectual property that is protected by the Supreme Court. However, using the words Republican and intellectual property in the same sentence is an oxymoron.

W | 5/20/2009, 2:27 pm EST

If JB used a John Mc Cain image on his CD cover, what do you think Mc Cain would do?

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