Legal Commentary

Browne v. McCain

By David A. Giacalone

Jackson Browne v. John McCain et al.

Everyone I know, everywhere I go
People need some reason to believe

Running on - running on empty
Running on - running blind
Running on - running into the sun
But I’m running behind

.. lyrics from “Running on Empty” (1977) by Jackson Browne

Whether you read the Main Stream Media, law blawgs, or celebrity rags, you surely know by this morning that liberal-activist singer-songwriter Jackson Browne — who wants a world with “More light, more love, more truth, more innovation” — is suing Republican presidential candidate John McCain for using Browne’s song “Running on Empty” without permission in an ad mocking Barack Obama for suggesting proper tire inflation could do more to solve our gasoline crisis than drilling offshore. According to the WSJ Law Blog and the L.A. Times Top of the Ticket blog:

• On Thursday, Browne filed a copyright infringement suit against both McCain and the Republican National Committee in U.S. District Court in L.A. seeking a permanent injunction as well as damages. The suit claims that use of ?Running on Empty? violates 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.
• Browne’s lawyer Lawrence Y. Iser says the McCain campaign has a track record of using music without permission.

“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 said. “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.”

It’s a lovely summer Saturday, so there’s no chance of getting any legal insights out of Prof. Yabut or the rest of the f/k/a Gang about this lawsuit. And, all the media and web stories point out the obvious ironies. As we mentioned in a post on Valentine’s Day 2004,

“Browne?s 1977 anthem Running on Empty, appeared during my first year practicing law, and captured the out-of-control fatigue of the anxious neophyte in a high-powered, government job.“

One does have to wonder why a candidate fighting a too-old-guy image, and running against an inspiring young man giving us “a reason to believe,” would choose this particular song.

Naturally, RonE also has a bit of resonance for an aging Baby Boomer (yes, that is redundant) who’s dealing daily with Chronic Fatigue Syndrome. So, the story was a great excuse for finding a YouTube presentation of “Running on Empty” from a live concert in 1979, and listening to it this morning.

We hope fellow Obama supporter Jackson Browne won’t mind our including the YouTube clip here for your entertainment and education:

Having used up our alloted time for posting and finding content today, you’re stuck with a few more poems by dagosan from the brand new edition of Simply Haiku:

first warm day
i reach for her
gloveless hand

a broken heart carved
on the frozen pond ?
fish bucket empty

summer solstice:
no shade on either
side of the street

… by David Giacalone - Simply Haiku (vol. 6 no. 3, Fall 2008)

And, here’s a reduced version of a Giacalone photo-haiga that somehow seems to fit today:

naked scarecrow
birds of prey
circle above

- from Simply Haiku (vol. 6 no. 3, Fall 2008)

Photo: Arthur Giacalone
Poem: David Giacalone
Simply Haiku

By the way: Nice timing for this controversy and publicity: Next month, Jackson Browne will issue his first studio album in six years, titled Time the Conquerer.

p.s. Need more to chew over while hammock-swinging this weekend? Check out the Lawyer2Lawyer Interview of Gerry Spence, by J. Craig Williams and Bob Ambrogi (via LegalBlogWatch; and see our discussion of this lawyer legend and neophyte blawger) Even Prof. Yabut is going to listen to find out why Spence — like the f/k/a Gang — says “Lawyers disappoint me.” (Update/Disclaimer: See Scott Greenfield’s comment and my response below.)

Full post as published by f/k/a . . . on August 16, 2008 (boomark / email).