Saturday, January 24, 2009

Jackson Browne v. John McCain et al.: fully briefed

The hottest battle today in the world of copyrights and campaigns is the lawsuit brought by singer/songwriter Jackson Browne over the inclusion of a portion of his song "Running on Empty" in a YouTube video produced last summer by the Ohio Republican Party. Browne sued John McCain, the ORP, and the Republican National Committee, alleging copyright infringement, and as well as violations of Browne's rights under the Lanham Act and California's common law right of publicity.

McCain and the other defendants have filed motions to dismiss the copyright and Lanham Act claims, and anti-SLAPP motions to strike the right of publicity claim. Those motions are now fully briefed. McCain's opening papers are available here; Browne's opposition here; and McCain's reply papers here. Oral argument is set for Feb. 2 before Federal District Judge R. Gary Klausner in Los Angeles. UPDATE: no oral argument.

(Disclosure: I have worked on Senator McCain's defense of this case.)

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