Browne and McCain settle over song usage

[Don]

I guess just paying ASCAP and BMI fees wasn't enough in this instance.

http://news.bbc.co.uk/2/hi/entertainment/8161728.stm

Singer Jackson Browne has received an apology from former presidential candidate John McCain for using one of his songs during last year's campaign.

Browne sued McCain and the Republican Party for copyright infringement last August, after his song Running on Empty was used in an internet advert.

Details of an agreed financial settlement were not disclosed.

The Republican Party also said it would get artists' permission before using their work in future campaigns.

Browne said: "This settlement is really a great affirmation of what I believed my rights to be, and all writers' rights to be.

"One would hope that a presidential candidate would not only know the law but respect it. It was a matter of bringing that issue to bear."

Running on Empty was used in an advert mocking Democrat Barack Obama "for suggesting that the country conserve gas through proper tyre inflation".

A statement from the party said McCain did not know about the advert, which was created by the Ohio Republican Party and removed after Browne complained.

"We apologise that a portion of the Jackson Browne song Running on Empty was used without permission," said a statement attributed to McCain and the state and national parties.

Legal papers filed by Browne last year stated the singer was concerned the use of his music would cause people to conclude he was endorsing McCain, even though the 60-year-old singer is a self-described liberal.

He had been seeking $75,000 (£45,600) in damages.

Browne released the song Running on Empty - and an album by the same name - in 1977.

McCain's campaign received complaints from several musicians whose music was used during his presidential candidacy, including Foo Fighters, Heart and John Mellencamp.

[Ehwmatt]

Boo hoo celeb crybaby musicians whining, but as long as they get to pad their pockets though no harm no foul in their eyes . I fully understand and agree with not wanting someone you disagree with using your song to promote themselves, I know I wouldn't want Obumbler or Snake Eyes Pelosi using something I created, but shouldn't a cease and desist or injunction suffice? Just a thinly veiled money grab for these guys/girls.

[steveo777]

Boo hoo celeb crybaby musicians whining, but as long as they get to pad their pockets though no harm no foul in their eyes . I fully understand and agree with not wanting someone you disagree with using your song to promote themselves, I know I wouldn't want Obumbler or Snake Eyes Pelosi using something I created, but shouldn't a cease and desist or injunction suffice? Just a thinly veiled money grab for these guys/girls.

JB must have needed himself $75k.

[swataz]

It's all about the money.

The same liberal mindset that curses the conservative lifestyle and its money-centric ways and then in the end, goes for the cash grab. What an effin' hypocrite.

[hoagiepete]

In this case I defend the libs. I can't believe a campaign would just go out and use a song without seeking permission. If I wrote and/or performed a song, I would not want it tied to a person or product without giving permission. If someone is going to profit from it, I'd want some jack for it as well.

[Don]

Yeah, this wasn't just back round music in a convention but part of an advertisement which to me means you have to pay and ask permission just like everyone else does when they put someone's music in their commercials or TV Shows.

[Ehwmatt]

In this case I defend the libs. I can't believe a campaign would just go out and use a song without seeking permission. If I wrote and/or performed a song, I would not want it tied to a person or product without giving permission. If someone is going to profit from it, I'd want some jack for it as well.

Indeed, it's infinitely stupid of the McCain campaign (and many other pols before this) who have made this same error. But you've got some rich, past his prime buffoon crying about the use of his song in a 30 second ad and claiming he's owed more money than a lot of people make in two years (especially in these times) for it. Sorry, I can't go for that. I like Jackson Browne and love Mellencamp, but I just hate when these guys have to be so obnoxious about their politics.

A cease and desist letter enjoining them from using the ad would have been fine, right? If you're so concerned about everyone knowing who you're supporting, put it on your fuckin Internet page or show up and play a song or two at a campaign stop with said candidate. STFU already. If it were say Ted Nugent or some other conservative musician doing this to Obama or Pelosi, he'd look just as foolish, so don't even go there with me.

Oh wait, he's a "self-described liberal." He'll probably give the $75k to the charity/charities of his choice. Riiiiight.

EDIT: And the whole "concerned that people would think I'm supporting candidate X" reeks of arrogance and hubris. Like anybody cared who the fuck Jackson Browne supported as they watched their jobs leave their state, their 401(k)s wither away, and their houses foreclosed.

[swataz]

EDIT: And the whole "concerned that people would think I'm supporting candidate X" reeks of arrogance and hubris. Like anybody cared who the fuck Jackson Browne supported as they watched their jobs leave their state, their 401(k)s wither away, and their houses foreclosed.

BINGO!