More pop legalities, and lawyers representing the John McCain presidential campaign in the US are planning on fighting a lawsuit launched by singer songwriter Jackson Browne over the use of one of his songs in a McCain campaign ad.
A number of artists objected to their songs being used at Republican rallies in the run up to America's big vote, though the Republicans correctly pointed out that recorded music played at events - even political events - is covered by blanket licences, and providing the venue is licenced any song can be used.
Browne's 1978 song 'Running On Empty', however, was used in an advert, so this case is a bit different. However, with only a few words used from the song, McCain's people are claiming that - while they didn't clear the use of the track with Browne - it is covered by the fair use exemptions in US copyright law. His defence cites four fair use exemptions - that fact the song was used for non-commercial purposes, the fact the words that were used from the song (it's title line) are an acknowledged cliché, that only a tiny portion of the song was used, and that its use won't have damaged Browne commercially (in fact, they argue, it probably added a boost to sales of the song).
They also reject claims the use of the song breaches US "false association or endorsement" laws because, they argue, those laws only cover commercial rather than political association. On top of that, they have filed an anti-SLAPP motion, which is used when a defendant believes a plaintiff is using a lawsuit in a bid to stop free speech. If such a motion is successful the plaintiff can find themselves having to pay the defendant's legal costs and maybe even damages.
If all of this gets to court, it could be an interesting case. Many artists (including UK artists, the situation is the same over here) are already pissed off that blanket licencing arrangements allow politicians to use their music at rallies and conventions - fearing that by having their music featured at a political party's event the public may assume they somehow endorse said party. If, under fair use exemptions, politicians can legitimately use bits of recognisable music without an artist's permission in adverts, and if said artists risk being accused of being anti-free speech if they sue, that could cause quite a bit of outrage among more politically motivated pop stars.