McCain Appeals Jackson Browne Case

By: Sarah Harrison

(© 2008 The Associated Press)

Photographer: Mario Anzuoni

According to a Find Law article Senator McCain and the Republican National Committee have decided to appeal the rulings allowing Jackson Browne to sue them for using his song during the presidential campaign.  During the presidential campaign, McCain issued an advertisement using Browne’s song “Running on Empty.”

  The “Running on Empty” advertisement uses Browne’s song throughout the 33-second ad as a background to the commercial.  The advertisement was not broadcast nationwide and was pulled following Browne’s initial objection.  The campaign ad in question was an attack ad that claimed Obama lacked a plan to lower gas prices and therefore Obama himself was “running on empty.”  McCain did not retrieve a license for the use of Browne’s song.

In late August, Browne sued McCain and the RNC for a violation to his right of publicity, requesting more than $75,000 in damages, according to the Find Law article by Deborah Nathan.  According to Browne, the ad suggests that he endorsed and associated with the McCain campaign, when he in fact closely aligns himself with liberal causes and Democratic candidates.  Browne alleges copyright and trademark infringement as well in his suit, and is requesting the further use of “Running on Empty” in any form. 

According to Robert Bennett, Chairman of the Ohio Republican Party, the legal action “is a big to-do about nothing.” However, in late March, McCain and the RNC requested a dismissal of the suit citing the fair use doctrine, and are planning an appeal if necessary. 

 

Questions:

1.  The fair use doctrine permits the use of copyrighted works for criticism, comment, news reporting, teaching, scholarship and research.  How, and under which of these instances, would the defendants use the fair use doctrine to prove their case?