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"I can't argue with the last point; I think I saw "Running on Empty" in the iTunes top 20 a few months ago. As for Browne, he's an example of the kind of Angry Liberal that my, shall we say, intemperate colleagues over here claim they work with and make their lives miserable.
Thursday, November 20, 2008
Well, here's something from it's-news-to-me file: Jackson Browne and John McCain wrangling over the fair use of "Running On Empty" during the campaign:
Posted by Alfred Soto at 11:40 AM