John McCain's lawyers respond to Jackson Browne
2:04 PM PST 1/23/2009 by Eriq Gardner
In advance of a hearing to determine whether singer Jackson Browne's lawsuit against 2008 Republican presidential candidate John McCain will continue or be thrown out, both sides are posturing with legal briefs.
Earlier this month, attorneys for Browne filed opposition papers to McCain's motion to dismiss, arguing that copyright and rights-of-publicity protected Browne's hit song "Running on Empty" from being used in a campaign commercial. Yesterday, attorneys for McCain responded with two filings of their own, pointing to Browne's concessions on the nature of the dispute as a reason why the court should dismiss the action.
Here's a copy of the first motion, arguing that Browne's concession that McCain used a snippet of the song "as part of a political message" that "criticize[d] President-elect Obama's energy policy" is an acknowledgment of the political nature of the use. McCain's lawyers believe this to be important because it would factor largely into the court's fair use analysis. Previously, Browne pointed to case law that demonstrated not every use of copyrighted material in political speech to be fair.
The second motion is in support of a anti-SLAPP motion that seeks to punish Browne's alleged misuse of the judicial system to trample First Amendment speech. McCain's lawyers accuse Browne's camp of "ignoring all of the on-point cases" (their boldface, not ours), and says that since they've met the first prong of the state's anti-SLAPP statute — whether the considered speech is a protected one like a public policy message — the burden "shifts to Browne to prove there is a probability he will prevail on the merits of his claim."
Very interesting reading, and what a court decides next month could help determine how political campaigns use copyrighted music in the future.
- MOST SHARED
- MOST POPULAR
- Patrick Stewart And Ian McKellen Play The Newlywed Game, Continue Being The Internet's Most Adorable Sirs
- Sunny Day Real Estate Releases 'Lipton Witch,' First Song In 14 Years
- 'Batman Beyond' Animated Short Premieres At WonderCon In Honor of Franchise's 75th Anniversary
- Here Is A Photo Of Mariah Carey Dressed As A Bunny And Using Nick Cannon As Furniture
- 'Captain America: The Winter Soldier' Tops Easter Weekend Box Office While Johnny Depp's 'Transcendence' Fails to Impress
- Lea Michele Gets Cozy with Co-Star on Her Music Video Set!
- Madonna Wants Us to Get Behind Her to Start a Love Evolution!
- Calvin Harris Previews Small Sample of Rita Ora's New Single - Listen Now!
Weekend Box Office
For the weekend of 04/11/2014 Source: Rentrak