Law of Hollywood Land

Entertainment Legal Bouts and Justice

John McCain’s Lawyers Fight Back Against Jackson Browne’s Copyright Lawsuit

John McCain Fights Copyright Lawsuit

John McCain Fights Copyright Lawsuit

During the presidential election, a television ad ran in Ohio during the month of August in favor of John McCain used a snippet of Jackson Browne’s song “Running on Empty”, and Browne sued John McCain, the Republican National Committee and the Ohio Repubican Party for copyright infringement.

Now, McCain’s lawyers have struck back with legal filing including comments saying that “given the
political, non-commercial, public interest and transformative nature of the use of a long-ago published song, the miniscule amount used and the lack of any effect on the market [his] claims are barred by the fair use doctrine” and further that the “claim is barred as a matter of law because the Lanham Act does not apply to political speech.”

Should the court rule in McCain’s favor, it could establish a precedent which would make it much harder for songwriters to complain if/when political parties use their songs without permission.

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November 20, 2008 Posted by | Celebrity, Copyright, Lawsuit, Politician | , , , | 2 Comments

Foo Fighters Demand McCain Campaign Stop Using Song… Could a Lawsuit Follow?

The Foo Fighters, led by guitarist Dave Grohl, are fuming at the McCain group for using their song “My Hero” at campaign rallies.  The campaign has not asked for permission from the band, management, publisher or record label.

The following statement was issued by the band:

“This isn’t the first time the McCain campaign has used a song without making any attempt to get approval or permission from the artist. It’s frustrating and infuriating that someone who claims to speak for the American people would repeatedly show such little respect for creativity and intellectual property. The saddest thing about this is that ‘My Hero’ was written as a celebration of the common man and his extraordinary potential. To have it appropriated without our knowledge and used in a manner that perverts the original sentiment of the lyric just tarnishes the song. We hope that the McCain campaign will do the right thing and stop using our song–and start asking artists’ permission in general!”

Could a potential intellectual property lawsuit be far behind? This is not the first time the McCain group has used music without an artists position. The were pumping Heart’s “Barracuda” when Palin was first announced.

October 8, 2008 Posted by | Copyright, Copyright Infringement | , , , , , | 1 Comment