Jackson Browne settles suit with McCain, RNC, and Ohio Republican Party over use of song in web video

The lawsuit brought by Jackson Browne against John McCain, the Republican National Committee, and the Ohio Republican Party over the use of Brown's song "Running on Empty" in an ORP web video during last year's presidential campaign has been settled. Today the parties issued the following press release:

SINGER/SONGWRITER JACKSON BROWNE RESOLVES LAWSUIT AGAINST THE OHIO REPUBLICAN PARTY, THE REPUBLICAN NATIONAL COMMITTEE AND SENATOR JOHN McCAIN

Singer/songwriter Jackson Browne has resolved his lawsuit against the Ohio Republican Party (“ORP”), the Republican National Committee (“RNC”) and Senator John McCain. The lawsuit arose from a web campaign video produced by the ORP in support of Senator McCain's campaign for President of the United States which incorporated portions of the song Running On Empty, a song written and recorded by Mr. Browne. The lawsuit, filed in August, 2008 in the United States District Court in Los Angeles, alleged that this use of Mr. Browne's song required a license which was not obtained, and that the defendants were liable for copyright infringement, false endorsement under the United States Lanham Act and violation of Mr. Browne’s right of publicity for the use of his voice.

The financial terms of the settlement are confidential.

The ORP, RNC and Senator McCain issued the following statement: "We apologize that a portion of the Jackson Browne song ‘Running On Empty’ was used without permission. Although Senator McCain had no knowledge of, or involvement in, the creation or distribution of the web campaign video, Senator McCain does not support or condone any actions taken by anyone involved in his 2008 presidential election campaign that were inconsistent with artists’ rights or the various legal protections afforded to intellectual property. The ORP, RNC and Senator McCain pledge in future election campaigns to respect and uphold the rights of artists and to obtain permissions and/or licenses for copyrighted works where appropriate."

Disclosure: I worked on Senator McCain's defense of this lawsuit. I have not enabled comments for this post because I will not be able to respond, given my confidentiality obligations.