By Steve Gorman
LOS ANGELES (Reuters) - Rock star Jackson Browne has sued
U.S. presidential candidate John McCain for copyright
infringement, accusing the presumptive Republican nominee of
using the singer's 1977 hit "Running on Empty" in a campaign ad
without permission.
The suit, filed on Thursday in U.S. District Court in Los
Angeles, also names the Republican National Committee and the
Ohio Republican Party as defendants. It seeks a permanent
injunction against further use of Browne's music and at least
$75,000 in damages.
The campaign spot mocks McCain's Democratic rival for the
White House, Barack Obama, for suggesting the nation conserve
gasoline through proper tire inflation, with Browne's most
famous song, "Running on Empty," playing in the background.
The suit claims use of the song without Browne's permission
is a copyright violation and a breach of the U.S. Lanham Act by
falsely implying Browne is associated with and endorses
McCain's bid for president.
It also says use of Browne's voice in the ad violates the
performer's so-called right of publicity under California law.
Browne's lawyer, Lawrence Iser, said his client is "a
well-known, lifelong liberal activist and supporter of
Democratic candidates, and use of his song and his voice in a
commercial bashing Barack Obama is anathema to Jackson."
A spokesman for McCain's campaign, Brian Rogers, said the
Arizona senator was wrongly singled out as a target of the
lawsuit because the ad in question was the sole work of the
Ohio Republican Party.
"We had nothing to do with the creation or distribution of
this ad whatsoever," Rogers told Reuters. "Mr. McCain's name
should quite simply be removed from this lawsuit immediately."
But Iser said the Republican Party of Ohio, a key
battleground state in the presidential race, "acted as an agent
and in concert with Sen. McCain and the Republican National
Committee."
"It certainly looks and smells like a McCain campaign
piece," he added. "We'll let a jury decide.
There was no immediate comment from the RNC or Ohio
Republican Party representatives.
Iser said the ad, which he said he believed was aired on
television in Ohio and Pennsylvania, was removed from the
Internet last week by the Ohio Republican Party in response to
a cease-and-desist demand from Browne.
(Editing by Bob Tourtellotte and Cynthia Osterman)