Presidential Candidate John McCain and RNC Sued for Copyright Infringement and Violation of Right of Publicity

Singer and songwriter Jackson Browne filed a lawsuit in federal court in Los Angeles last week against presumptive Republican presidential nominee John McCain, the Republican National Committee, and the Ohio Republican Party alleging that the defendants infringed on Browne’s copyright of the 1977 song “Running on Empty” in a campaign commercial used by the defendants in Ohio. Browne claims McCain and the Republican party failed to obtain a license for the song in the TV commercial, and that defendants' use also constitutes a false endorsement and violation of Browne’s right of publicity. Browne is seeking damages, and a permanent injunction prohibiting the defendants from using “Running on Empty” or any other Jackson Browne song.

TIP: It is important to obtain both a mechanical license by the copyright owner of the music and a license for the performance by the artist when using another artist’s music in advertisements.