Jackson Browne is suing presidential wannabe John McCain for copyright infringement and false endorsement after McCain stole his song `Running On Empty` for an ad campaign.
McCain or his Republican Party did not license the use of Browne`s classic song and then used it in a TV ad to mock Democratic candidate Barrack Obama.Browne`s suit claims that by using his song in the ad, McCain is giving the false impression that Browne supports the Republican Party and he does not.
Also under California law, the use of Browne`s voice in the commercials violates his right of publicity.
"We are confident that Jackson Browne will prevail in this lawsuit. Not only have Senator McCain and his agents plainly infringed Mr. Browne`s copyright in Running On Empty, but the Federal Courts have long held that the unauthorized use of a famous singer`s voice in a commercial constitutes a false endorsement and a violation of the singer`s right of publicity," Lawrence Iser of the Santa Monica, California law firm Kinsella Weitzman Iser Kump & Aldisert said. "In light of Jackson Browne`s lifelong commitment to Democratic ideals and political candidates, the misappropriation of Jackson Browne`s endorsement is entirely reprehensible, and I have no doubt that a jury will agree."
Browne is suing for a permanent injunction prohibiting the use of the song or any other of his songs as well as damages.
The advertisement mocked Obama for suggesting that the country conserve gas through proper tire inflation. McCain later had to back-peddle when it was pointed out to him that proper tire inflation does save fuel.
