Why Did Italian ISPs Redirect Pirate Bay Traffic To IFPI Site?

Jackson Browne Sues McCain For Using His Song In An Ad Without Permission

from the legal-complexities dept

Mon, Aug 18th 2008 6:44am — Mike Masnick

What is it with politicians who position themselves being big pro-copyright supporters being caught potentially infringing on copyright themselves? Singer Jackson Browne, who is apparently a supporter of Senator Obama's presidential campaign, has sued Senator McCain for allegedly using a Browne song in an advertisement without permission. Of course, this isn't as clear cut as you might believe. McCain's campaign points out that the ad isn't actually from the campaign. And, while it's true that there's no compulsory license for pairing a song with a video, this is almost certainly infringement -- but Browne's claim of an implied endorsement may not get very far, because there are ways that it's quite likely that McCain could make use of Browne's song without Browne's permission.

Welcome to the bizarre, arcane, and confusing world of copyright licenses.

Depending on whether or not Browne's music is licensed to a performance rights organization like ASCAP, BMI or SESAC (and chances are, they are), McCain's campaign could most likely pay a royalty to them to use one of Browne's songs at an event (if not in a commercial). And, since there is compulsory licensing on covers of songs, in theory, McCain's campaign could have someone else cover Browne's song at a campaign stop, and Browne wouldn't have much he could do to stop it (again, other than make a stink out of it, getting McCain to back down). While it does seem as though there is an infringement claim here (and McCain's campaign knows it's not wise to turn this into a big deal), this story does highlight just how ridiculous various music licensing has become these days. Though, still, in general you would think that any political campaign (or its surrogates) would at least be a little careful to avoid using music from someone who supports the other guy -- as it's just asking for a PR headache.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: campaigns, compulsory licensing, copyright, endorsement, jackson browne, john mccain

44 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

hexjones, 18 Aug 2008 @ 7:27am

The twist is, the song is used in an "anti-Obama" ad. The song, "Running On Empty" implies that Obama can't back up his claims or something. Browne doesn't want his own song associated with Obama in that way.
[ link to this | view in thread ]
Comboman, 18 Aug 2008 @ 7:31am

Stresand Effect?
Though, still, in general you would think that any political campaign (or its surrogates) would at least be a little careful to avoid using music from someone who supports the other guy -- as it's just asking for a PR headache.
Are you kidding? This is more publicity than McCain has gotten in months.
[ link to this | view in thread ]
Matt Bennett, 18 Aug 2008 @ 7:32am

"What is it with politicians who position themselves being big pro-copyright supporters being caught potentially infringing on copyright themselves?"

Does McCain have particular history of being a Big Content crony? Most senators have voted for at least one Pro-IP bill or more, but I don't think McCain has a particular reputation for it. Your comment suggests otherwise.
[ link to this | view in thread ]
KellerMaverick (profile), 18 Aug 2008 @ 7:53am

McCain "Running On Empty"
Heh, at least ol' John chose the right song...those three words describe his personality, age, and politics.
[ link to this | view in thread ]
Anonymous Coward, 18 Aug 2008 @ 7:54am

O, with this being a recurring event among polititions, want to bet that in the next copyright bill, it adds paragraph exempting copyright for political ads? Congress has given itself similar exemptions in the past, and will do so again. Pesky laws.
[ link to this | view in thread ]
Ajax4Hire, 18 Aug 2008 @ 7:57am

I don't trust McCain and I don't trust the people
I don't trust McCain and I don't trust the people who are controlling Obama. The best solution is for gridlock. If either one of the US Political System groups get an upper-hand, then the world will suffer.

McCain seems to be principalled but with some questionable principals.
Obama looks good when he talks others speeches but falters when he has to talk on his own.

Obama is a big Ken Doll supported and controlled by a group of people behind him, like the RIAA hoping the FUD, Flash and Fancy talk will be enough to fool the common folk.

McCain goes around with superior attitude and righteous indignation.

I don't like either of them but I especially don't like the way Obama is being manipulated.
[ link to this | view in thread ]
nipseyrussell, 18 Aug 2008 @ 7:57am

mccain and the republicans should really think about using a different song in their commercials, something that screams patriotism, maybe makes a comment that the govmt supports the troops. maybe something like "born in the usa"??
[ link to this | view in thread ]
Anonymous Kansas Coward, 18 Aug 2008 @ 8:09am

Or maybe "Fortunate Son".
[ link to this | view in thread ]
copyright info, 18 Aug 2008 @ 8:11am

McCain Troubles
Actually, to use a song in an Ad, it cannot be cleared by ASCAP/BMI/SESAC - has to be cleared with the owner directly... you'd think a US Senator (or a staffer) would check up on copyright laws!
[ link to this | view in thread ]
Anonymous Coward, 18 Aug 2008 @ 8:26am

Re: McCain Troubles
Probably was cleared by Browne's publishing house. Not like his catalog is currently raking in the money.
[ link to this | view in thread ]
harry wagner, 18 Aug 2008 @ 8:34am

Re:
Perfect. "Fortunate Son" nails John McCain perfectly. Its no wonder he screwed this up. Has he ever done anything right? Republicans... what a (bad) joke.
[ link to this | view in thread ]
Anonymous Coward, 18 Aug 2008 @ 8:38am

Jackson was an Edwards supporter. Now supporting Obama. Makes sense.

McCain also used Moses in one of his adds. That was the most entertaining political add of the year, in my book.
[ link to this | view in thread ]
Nismoto, 18 Aug 2008 @ 8:41am

Re: I don't trust McCain and I don't trust the people
You didn't know,...

THEY ARE ALL MANIPULATED: "hand-up-the-ass" puppets.
[ link to this | view in thread ]
Cabalamat, 18 Aug 2008 @ 8:43am

@3: "Does McCain have particular history of being a Big Content crony?"
I've no idea, however his website says this:

While the Internet has provided tremendous opportunity for the creators of copyrighted works, including music and movies, to distribute their works around the world at low cost, it has also given rise to a global epidemic of piracy. John McCain supports efforts to crack down on piracy, both on the Internet and off.
I didn't see any mention of fair use, however.
[ link to this | view in thread ]
Anonymous Coward, 18 Aug 2008 @ 8:45am

How about a song called "Fear your Government"?
[ link to this | view in thread ]
Silly Harry, 18 Aug 2008 @ 8:56am

Re: Re:
"Republicans... what a (bad) joke."
You should thank Republicans for protecting your right to be ignant harry. If the far left had their way, we'd need to wait in line, fill out a form, and be granted permission to speak (Unless you were complimenting Pelosi of course). Ever heard of the Fairness Doctrine?

Off subject, but silly comments from people like harry annoy me...
[ link to this | view in thread ]
jonnyq, 18 Aug 2008 @ 8:58am

Re:
In addition to what Matt is saying,

"McCain's campaign points out that the ad isn't actually from the campaign..."

So we're jumping up an down on McCain (supposedly a "big content" guy) for something he quite possibly had nothing to do with.

I don't have any idea where McCain stands on copyright issues, but I suspect he doesn't really have a hard stance on it.
[ link to this | view in thread ]
hexjones, 18 Aug 2008 @ 9:10am

Re: Re: Re:
oh really? So Republicans are solely responsible for protecting freedom of speech? And Dems want us to "wait in line, fill out a form, and be granted permission to speak" ?

I mean, have you seen what is going on with the Department of Homeland Security? The law-bending that the White House is doing?

I'd rather not have Republicans' form of "protecting" my rights, thank you.
[ link to this | view in thread ]
Mike (profile), 18 Aug 2008 @ 9:15am

Re: McCain Troubles
Actually, to use a song in an Ad, it cannot be cleared by ASCAP/BMI/SESAC - has to be cleared with the owner directly...

Yes, I said that. In a commercial it does need to be cleared -- but at an event, it does not.
[ link to this | view in thread ]
Anonymous Coward, 18 Aug 2008 @ 9:28am

Re: Re: Re: Re:
Beats the Democrate way, take'em all away, and tell you your fortunate to have rights
[ link to this | view in thread ]
shivas, 18 Aug 2008 @ 9:37am

Re:
"John McCain supports efforts to crack down on piracy, both on the Internet and off."

Seeing that old,John McCain knows squat about computers,...I can only surmise that the pirates he would be "cracking down on",sail around the Caribean in tall ships and say "arrrrrrrgh,matey!" a fair bit.
[ link to this | view in thread ]
shivas, 18 Aug 2008 @ 9:40am

Re: Re:
sorry,....typo,.....meant Caribbean
[ link to this | view in thread ]
Silly Harry, 18 Aug 2008 @ 10:24am

Re: Re:
Ok, that's pretty good... but it bugs me that so many people assume democrats are more tech saavy. Dems can't even use voting machines. And despite Al Gore's claim, I think it's safe to say that most Internet companies were started by independant and motivated people, aka, republicans.
[ link to this | view in thread ]
Anonymous Coward, 18 Aug 2008 @ 10:48am

Re: Re: Re:
Nah man, Billary was an elite hax0r.
[ link to this | view in thread ]
Anonymous Coward, 18 Aug 2008 @ 10:51am

More free publicity for McCain.
And now I'll always associate Browne and the song with McCain, like I'll always think of Huckabee when I hear a Boston song.
[ link to this | view in thread ]
hex, 18 Aug 2008 @ 10:54am

Re: Re: Re:
"independant and motivated people, aka, republicans"

ha ha ha

talk about pretentious!
[ link to this | view in thread ]
snowburn14, 18 Aug 2008 @ 11:03am

Re: Re: Re: Re: Re:
Erm...last I checked, the stereotypical bleeding-heart liberal was a card-carrying member of the ACLU. Did I miss a memo or something? Or are civil liberties not considered rights anymore?
[ link to this | view in thread ]
Phunahm, 18 Aug 2008 @ 11:28am

Re:
Its the only way fading musicians can get any money......next...
[ link to this | view in thread ]
ConceptJunkie (profile), 18 Aug 2008 @ 11:48am

Re: McCain "Running On Empty"
As opposed to Obama whose never done anything, has no ideas that weren't flogged to death 40 years ago, and nothing to say but how he is who we want him to be... riiiight.

I'm no McCain fan, but compared to him, Obama is a know-nothing, done-nothing cypher.
[ link to this | view in thread ]
Geeky Virgin, 18 Aug 2008 @ 12:01pm

I'm voting Democrat because I believe the government will do a better job of spending the money I earn than I would.

I'm voting Democrat because freedom of speech is fine as long as nobody is offended by it.

I'm voting Democrat because when we pull out of Iraq I trust that the bad guys will stop what they're doing because they now think we're good people.

I'm voting Democrat because I believe that people who can't tell us if it will rain on Friday CAN tell us that the polar ice caps will melt away in ten years if I don't start driving a Prius.

I'm voting Democrat because I'm not concerned about the slaughter of millions of babies so long as we keep all death row inmates alive.

I'm voting Democrat because I believe that business should not be allowed to make profits for themselves. They need to break even and give the rest away to the government for redistribution as THEY see fit.

I'm voting Democrat because I believe three or four pointy headed elitist liberals need to rewrite the Constitution every few days to suit some fringe kooks who would NEVER get their agendas past the voters.

I'm voting Democrat because I believe that when the terrorists don't have to hide from us over there, when they come over here I don't want to have any guns in the house to fight them off with.

I'm voting Democrat because I love the fact that I can now marry whatever I want. I've decided to marry my horse.

I'm voting Democrat because I believe oil companies' profits of 4% on a gallon of gas are obscene but the government taxing the same gallon of gas at 15% isn't.
[ link to this | view in thread ]
Anonymous Coward, 19 Aug 2008 @ 6:22am

Why did he sue . . . ?
As I recall John Mellencamp didnt like McCaine using his song either. He simply asked the campaign to stop using it and they did, no lawyers, no court, no problem.
[ link to this | view in thread ]
Anonymous Coward, 19 Aug 2008 @ 6:28am

Re:
"I'm voting Democrat because I believe the government will do a better job of spending the money I earn than I would."

Where have you been, the Republican party is the big spending big government party. Republicans have been the big spending big government party since Reagan (Nixon was the last financially responsible Republican). The ony real difference is Republicans lie about it to thier supporters (to be honest they think your too stupid to notice), while the Democrats are just a lil more honest about spending (and at least since Clinton, democrats are actually far more responsible fiscally).
[ link to this | view in thread ]
Mahmoud O'Sullivan, 19 Aug 2008 @ 8:20am

Re: Re: Re:
@Silly Harry

Speaking of annoying, how about ridiculous, exaggerated misrepresentations of the other side's viewpoint that only serve to perpetuate inaccurate stereotypes?

Those are fun, and much easier than actually thinking.
[ link to this | view in thread ]
Doug, 19 Aug 2008 @ 1:53pm

The obvious
What is it with politicians who position themselves being big pro-copyright supporters being caught potentially infringing on copyright themselves?

That's obvious - they think they are above the law and that the laws are intended to limit our actions, not their own.

It's too late now, but we would all be much better off if the Vietnamese people had tortured John McCain to death when they had the chance. We would all be safer, happier and richer if they had. Oh well, water under the bridge...
[ link to this | view in thread ]
Jim Tessier, 19 Aug 2008 @ 2:08pm

Synchronization Rights of J.Browne Were Violated
Jackson Browne's synchonization rights are violated as soon as anyone uses his composition and/or recording in conjunction with a filmed or videotaped set of images.

While typically the recording company owns the underlying masters and often the publisher owns the underlying copyright (maybe J. Browne still owns his), there is usually a clause between the publisher and the songwriter that resticts the publisher from licensing the copywrited works for anything political, x-rated, the topic of a movie based on the song or where the words and music will be altered. So, even if another artist does a cover of the song, the underlying works license needs to be cleared with Jackson Browne. Obviously no one did that and he has a right to be upset and sue McCain and/or his publisher.

It sounds like Jackson Browne has a great case against McCain if the song is synched with video footage. And if it is, and his music publisher granted a license, J. Browne can probably go after them - since his song is being used for political purposes (which is restricted by standard boilerplate clauses).
[ link to this | view in thread ]
freddie mac is bankrupt, 19 Aug 2008 @ 5:22pm

Jackson Browne Sues McCain For Using His Song In An Ad Without Permission
Silly Harry....pull that stick out of your ass, and get a clue about who's screwing who. And by the way, it's spelt, "ignorant", not ignant, you ignorant republican war monger.

I say put McCain in jail until he can prove his innocence beyond a reasonable doubt. That's the way it is for us serfs that serve these masters.
[ link to this | view in thread ]
Chris Wolf, 19 Aug 2008 @ 7:32pm

Jackson Browne sues McCain for using his song in an ad without permission
This is interesting because I have a similar situation. Last week as I was eating dinner I had Countdown w/Keith Olberman on. Suddenly, during his Best Persons segment, I hear ME! Playing on the TV! I was not asked, notified, compensated or otherwise! In fact, had I not been watching the show, I would never have known!
Now, I'm not going after money. I'm not wanting to sue. It only played for 40 seconds. I just want to know where they found it.
See, I'm not a member of ASCAP, BMI or the other one(?). I am an independent artist with a self produced, published and promoted CD. It's available on-line at CDBaby.com and Itune, Napster and a couple of other download sites.

The way I understand it, according to the Copyright office, the minute the music is recorded and available on any medium, (CD, tape, record etc.) it is copyrighted. Right?

Now, did MSNBC buy a copy of my song? I don't know. The song they used has only generated a tiny amount of money online. And, until July 31st, 2008, it was all generated by sites that charge to listen. (Usually a monthly fee) I will not see my August 2008 sales till late September.

Did MSNBC illegally download and use my song on national TV without my permission? I can't say at this point, but that's a scandal I'd love to be a part of.

Anyway, my 15 minutes was up days ago, but this article caught my eye. If you'd like to see the video it's here-
http://www.youtube.com/watch?v=iv77L0hnxm4

By the way- MSNBC has a web page where you ask permission to use a clip from their broadcast. But they can use a clip from my CD without permission?

Funny, huh?

Just sayin'

www.myspace.com/chriswolfmusic
[ link to this | view in thread ]
Chris Wolf, 19 Aug 2008 @ 7:42pm

Jackson Browne sues McCain for using his song
Oh, also, I am a big Olberman fan. Would have let them use it if they asked anyway. like I said, I'm not looking to get rich, just want to know how they found it.
I've sent emails to 3 addresses twice now at MSNBC and still, no answer.
But hey, I was on Olberman!!
Pretty cool! Huh?
[ link to this | view in thread ]
screamin'jay, 20 Aug 2008 @ 1:50am

"Running On Empty"
McCain was asked to drop a song by John Mellencamp earlier .
I don't envision McCain a 'rock n roller' , so much as an old fuddy duddy who'd be hollering to turn that damned thing down , more often than not .
Thank God we can at least say the Republican Presidential Candidate of 2008 is SMART enough to not try this stint with a Willie Nelson number .
[ link to this | view in thread ]
Katz Freeman, 20 Aug 2008 @ 7:13am

McCain's Song
Poor old McCain.....he can't do anything right.
People should leave him alone, as he is not well.
I hope he survives the election, but I don't think his health is that good.

Poor old McCain, he is another tool to get his appointed "vice" president into the top spot.

Meanwhile, Dr. Ron Paul is still running, and I'm still finding no other candidate that is honest and has integrity.

So, I'm not voting for MSM "candidates", no matter what color that they are. The race card is played to hide the fact that both present candidates work for the same guy.
The only actual American-first candidate is Ron Paul.
[ link to this | view in thread ]
cheesehead charlie, 20 Aug 2008 @ 9:41am

Re: Re: Re: Re:
I hear you on what you said about the repugs.....most of them are un-American,traitors and haters,who don't give a damn about the Bill of Rights or U.S.Constitution,or about world peace.However I think the Dems are also screwed up in the head lately......must be the zionists/AIPAC influence that Hillary brought aboard.
I will stick w/ Ron Paul,he's my write-in.
[ link to this | view in thread ]
Rob A, 20 Aug 2008 @ 2:16pm

Jackson Browne's "Lives in the Balance" ROCKS!!!!
http://ca.youtube.com/watch?v=jFowNFvmUxw
[ link to this | view in thread ]
Copyright Law, 26 Aug 2008 @ 4:07pm

Jackson Browne has no chance against McCain
Rouge Judges will rule in McCain's favor for sure.
[ link to this | view in thread ]
Tom Scott, 26 Sep 2008 @ 1:43pm

Jackson Browne
Obviously I'm no expert, but doesn't there have to be some sort of monetary gain, or the intent to gain monetarily for there to be any copyright infringement?
[ link to this | view in thread ]