Jackson Browne Sues John McCain

by Tamera H. BennettAugust 27, 2008

Browne v. McCain

2/24/2009 Updated Post Here

On August 14, 2008 Jackson Browne sued John McCain, the Ohio Republican Party and the Republican National Party for copyright infringement, false association under the Lanham Act, and common law right of publicity infringement for an ad created by the Ohio Republican Party that features Browne's hit "Running On Empty."

The advertisement was actually pulled on receipt of a cease and desist letter prior to the lawsuit being filed.

Browne owns 100 percent of the copyright in the song. It does not look like the defendants will be able to show any type of licensing arrangement for use of the song. This is a pretty straight forward act of willful copyright infringement.

Not so sure if Browne will prevail on claims of false association and violation of his right of publicity. But, he might.

The lawsuit does not mention who owns the sound recording copyright used in the advertisement. The owner of the sound recording copyright may also have a cause of action for copyright infringement.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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