McCain is Fighting Jackson Browne's Lawsuit

During the campaign, Jackson Browne sued to stop McCain from using his song in his campaign. McCain is fighting the suit.

MSNBC: What’s he arguing?

The first is a standard motion to dismiss, claiming that McCain’s use of the song was fair use. The campaign’s fair use reading is based on the application of the standard four-factor test that includes the purpose and character of the use of the song (McCain argues it was non-commercial and transformative); the nature of the work (McCain derides the song as old, old, old, with a title that’s an acknowledged cliche); the amount and substantiality of the use of the song (McCain only used the title phrase, and cites a recent judgment against Yoko Ono, who had sought to prevent the unauthorized use of John Lennon’s “Imagine” in a film); and the effect of the use of the song (McCain says that rather than damage the song’s commercial potential, his use “will likely increase the popularity of this thirty year-old song”).

McCain also says that Browne’s assertion that the Lanham Act’s prohibition on the implication of a “false association or endorsement” fails because it only applies to “commercial speech,” not “political speech.”

Foo Fighters Tell McCain to Quit Using Their Song

Soon, the only songs that will be allowed at McCain rallies are Raising McCain and the theme to Rocky. I bolded the Foo Fighter's statement, which is absolutely precious.

NEW YORK—Yet another band is complaining about John McCain's use of their song to promote his campaign. This time, it's the Foo Fighters.
The rockers sent out a missive telling the Republican presidential candidate to stop using "My Hero." They said they learned it was being use through news reports.
"The saddest thing about this is that 'My Hero' was written as a celebration of the common man and his extraordinary potential," the band said in a statement. "To have it appropriated without our knowledge and used in a manner that perverts the original sentiment of the lyric just tarnishes the song."
The band noted it's not the first time McCain has been told to stop using a song. John Mellencamp, Heart and Jackson Browne have also complained—Browne even filed a lawsuit.

Heart Says No to Sarah Barracuda

Poor John McCain. Musicians keep banning the use of their music in his campaign. He can't even get Big and Rich, only Big. Rich supports Obama. Jackson Browne sued McCain as well and McCain's beloved ABBA too.
Now Heart:

CNN: UPDATE: Ann and Nancy Wilson of Heart said Thursday night that Universal Music Publishing and Sony BMG have sent a cease and desist notice to the McCain-Palin campaign over their use of 'Barracuda.'

"We have asked the Republican campaign publicly not to use our music. We
hope our wishes will be honored," the group said in a statement that said they "condemn" the use of the song at the Republican convention.

McCain Sued for Running on Empty

Jackson Browne, who wrote the song "Running on Empty" sued the McCain camp and the Ohio republicans for using his song (in an ad slamming Obama) without permission.

AP: Jackson Browne doesn't want John McCain running on anything fueled by his lyrics.

The singer-songwriter sued McCain and the Ohio and national Republican committees in U.S. District Court in Los Angeles on Thursday, accusing them of using his song "Running on Empty" without his permission.

The lawsuit claims the song's use was an infringement of his copyright and will lead people to conclude he endorses McCain. The suit says Browne is a lifelong liberal who is as well-known for his music as for being "an advocate for social and environmental justice."

The advertisement mocks Democratic presidential candidate Barack Obama's contention that if U.S. drivers got regular tuneups and drove on properly inflated tires, they could save the same amount of oil that would be gained by offshore drilling. According to the suit, "Running on Empty" plays in the background of the ad criticizing the remarks.

Apparently, ABBA, who McCain loves and defends also asked McCain not to use their music. Soon all he'll have left is John Rich of Big and Rich (his partner supports Obama).

The suit notes that other musicians, including ABBA and John Cougar Mellencamp, have asked McCain to stop using their work.

Browne's attorney, Lawrence Iser, called the ad's use of the song "reprehensible."

The 59-year-old singer claims his reputation has already been damaged and is seeking more than $75,000 in damages.

Browne released "Running on Empty" — the song and an album by the same name — in 1977. According to the lawsuit, the album has sold more than 7 million copies.