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Jackson Browne and John McCain

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Sometimes you get a say, and sometimes you don’t.

Jackson Browne alleges he should have had a say is whether his recording of his song was used in a political commercial for John McCain, and he’s filed a lawsuit for copyright infringement. Reuters reported the story here.

The Jackson Browne song “Running on Empty” was used in an ad produced by the Ohio Republican Party that poked fun at a comment made by Barrack Obama. Jackson Browne, a committed liberal activist, alleges not only that the use violates his copyright because he never gave permission to use the song, but also violates his right of publicity because the use of his voice implies that he supports the views expressed in the commercial. Remember, the commercial used not just the song, but the Jackson Browne recording of it.

The use of a recording in a commercial, movie, television show, or other audio-visual media requires actual permission from the owner of the copyright for the use. While a songwriter cannot prevent anyone from making and publicly releasing a sound recording of their copyrighted song, they can prevent the use of their song in visual media.

McCain has not yet filed a response to the lawsuit, but I can’t wait to hear what it is, what with all the laws the government has been playing fast and loose with lately. Let’s see if his camp apologizes or digs in.


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