Reprinted with permission from FindLaw.com
Singer and songwriter Jackson Browne is not amused that his song "Running On Empty" has been used in a television commercial for John McCain and against Barack Obama.
Indeed, with a full litigation tank, Browne has filed a federal lawsuit in Los Angeles against McCain, the Republican National Committee (RNC) and the Ohio Republican Party (ORP), accusing them of copyright infringement, statutory violations, and violation of the right of publicity.
Browne seeks injunctive relief preventing the unauthorized use of his musical works, actual damages, statutory damages, and attorney's fees and costs.
Browne's complaint asserts that he has had a "legacy as an advocate for social and environmental justice" and that he has "closely associated himself with liberal causes and Democratic political candidates."
The complaint states that Browne filed the lawsuit "in order to vindicate an egregious, intentional false association" created by agents of John McCain by "suggesting that Browne sponsors and endorses McCain," which is "a false association that directly conflicts with the political and social values that Browne has espoused and supported throughout his career."
So, what exactly happened, according to Browne, that led to him bringing a federal lawsuit?
The complaint alleges that McCain, the RNC and the ORP recently released a television commercial "in which McCain mocks the suggestion" of Obama "that the country can conserve gasoline by keeping their automobile tires inflated to the proper pressure," and that during the commercial Browne's song "Running On Empty" plays in the background.
Eric J. Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual-property disputes. This column is prepared and published for informational purposes only, and it should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.
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