Legal News

John McCain, Jackson Browne, Bury the Hatchet Over Use of Song

By Ashby Jones

Frankly, we never thought we’d hear of the Jackson Browne/John McCain lawsuit again. We’re not sure what we expected to happen to it, but we figured the dustup — in which Browne sued the McCain campaign for using his 1977 hit “Running on Empty” in a campaign advertisement without first obtaining permission — would end with a secret settlement in which handshakes and an apology were made, along with an agreement never to make mention of the suit again.

But alas, on Tuesday comes word that the lawsuit has indeed settled. And, courtesy of the Washington Post, we have some details.

Under the terms of the settlement, McCain, the Republican National Committee and the Ohio Republican Party jointly settled the lawsuit. They paid an undisclosed sum, and issued a statement Tuesday saying:

“We apologize that a portion of the Jackson Browne song ‘Running On Empty’ was used without permission. Although Senator McCain had no knowledge of, or involvement in, the creation or distribution of the Web campaign video, Senator McCain does not support or condone any actions taken by anyone involved in his 2008 presidential election campaign that were inconsistent with artists’ rights or the various legal protections afforded to intellectual property.”

Furthermore, the trio pledged to get artists’ permission in the future before using their work. This seems perhaps the most significant component to the lawsuit, as such a pledge could stymie Republicans’ efforts to appear all hip-n-groovy through the use of music in campaigns, as most rockers appear to align themselves with the Dems. (Just to even things out a bit, we encourage the Democrats to borrow freely from the Ted Nugent musical catalogue in campaigns to come.)

The details concerning the playing of the song strike us as soooo 2008. In the commercial in question, Obama is mocked for suggesting that the country conserve gas through proper tire inflation. The suit claimed that use of "Running on Empty" violated the Lanham Act by falsely implying that Browne is associated with or endorses the McCain candidacy. The suit also claims the commercial violates Browne's right of publicity under California law.

In any event, we tip our cap to the McCain campaign for even thinking of using Browne’s song, one of 1977’s best, up there with the Ramones’ “Rockaway Beach,” Elvis Costello’s “No Action,” Fleetwood Mac’s “You Make Lovin’ Fun,” Bowie’s “Heroes,” and Bob Marley’s “Exodus.” (Good year, that 1977).

Photo: AP

Full post as published by Law Blog - WSJ.com on July 21, 2009 (boomark / email).