(Aug. 14) - Soft rocker and liberal activist Jackson Browne is going directly after John McCain for the unauthorized use of his signature hit in a campaign ad that mocks Barack Obama.
The singer-songwriter has filed a lawsuit against the Arizona senator and the Republican Party, arguing the GOP didn't play by the rules when "Running On Empty" was used without his consent in a recent commercial tweaking Obama for suggesting that Americans could conserve gas through proper tire inflation.
Copyright infringement aside, Browne's lawsuit also alleges that the song's usage falsely suggests that he is a McCain supporter. Browne is seeking a permanent injunction prohibiting the use of the song, as well as undisclosed damages.
"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," Browne's lawyer, Lawrence Iser, said in a statement.
But is Browne even suing the right people? McCain spokesman Brian Rogers told the
Los Angeles Times that the ad in question was not technically a McCain campaign ad but one produced by the Ohio Republican Party.
Browne's lawyer has a different view on McCain's involvement.
"We have sued the Ohio Republican Party as well, and we have been informed and believe that McCain and his campaign were well aware of the ad. We are also informed and believe that the ad was broadcast on television in Ohio and Pennsylvania ... The fact that it appears on the Internet means it also reaches an audience well beyond those states."
Skip over this contentEarlier in the campaign, McCain was asked by another liberal rocker, John Mellencamp, to stop using his song "Pink Houses" during events.
"They used a John Mellencamp song until he made them stop and he used an ABBA song and a Frankie Valli song -- it's ridiculous and it's setting a terrible example," Iser told the LA Times. "It's shocking that they don't even attempt to get permission. There's no copyright difference between using a song to sell cars or by people running for president. The music industry continues to suffer due to lack of respect for intellectual property rights, and a candidate for president has a duty to lead by example and ensuring their campaign does as well. The copyright protections are derived from the Constitution itself."
Browne, 59, campaigned heavily for Ralph Nader in 2000 and was an early supporter of John Edwards in this year's presidential race. The singer-songwriter's other hits include "Somebody's Baby" and "Doctor My Eyes" and he was inducted into the Rock and Roll Hall of Fame in 2004.
Right-leaning pop musicians can be hard to come by, leaving few safe choices for Republicans on the campaign trail.
Political Machine points out a few GOP-friendly stars whose songs could possibly be cued up without objection: Donny Osmond, Ted Nugent, Gene Simmons, Kid Rock and Wayne Newton.
(PopEater respectfully suggests "Cat Scratch Fever" by Sweaty Teddy)
Republicans could also just play it safe by sticking with country artists. According to
The Boot, next month's Republican National Convention will be crawling with Nashville's finest. LeAnn Rimes, Gretchen Wilson, John Rich and Cowboy Troy are all slated to perform at special concerts during the Twin Cities event.
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