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Jackson Browne, Republicans settle lawsuit
AP via Reuters ^ | July 21, 2009 | ANTHONY McCARTNEY

Posted on 07/21/2009 10:23:52 AM PDT by a fool in paradise

Jackson Browne has settled a lawsuit and received an apology from Sen. John McCain and the Republican Party over use of his song "Running on Empty" during last year's presidential campaign.

The settlement announced Tuesday includes a pledge by the GOP not to use any musicians' work without proper permission in future campaigns, a statement that Browne said he hoped would benefit other artists.

Browne sued McCain and the Republican National Committee and the Ohio Republican Party last year over use of "Running on Empty" in a Web ad mocking Democrat Barack Obama's proposed energy policies.

McCain's loss in November didn't end the lawsuit, which had been slated for trial early next year. Formal settlement papers have yet to be filed with the court.

"This settlement is really a great affirmation of what I believed my rights to be, and all writers' rights to be," Browne said in an interview with The Associated Press. "One would hope that a presidential candidate would not only know the law but respect it. It was a matter of bringing that issue to bear."

...McCain didn't know about the ad, which was created by the Ohio Republican Party and removed after Browne complained, said the statement, attributed to McCain and the state and national parties....

(Browne:)"I would hope that they would think twice about taking someone's song without permission and understand that the law was put to the test and our rights prevailed," he said.

McCain's campaign ran afoul of several musicians during his presidential run, including the Foo Fighters, Heart and John Mellencamp. Obama wasn't immune either — soul legend Sam Moore asked his campaign to stop using "Soul Man..."

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Culture/Society; Extended News; Politics/Elections
KEYWORDS: copyrightlaw; hollywoodleft; jacksonbrowne; mccain2008; music; stillbeatingyourwife
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To: RobRoy

No kidding. A loser song from a loser writer used by a loser candidate in a loser campaign.

In the end EVERYBODY loses...


21 posted on 07/21/2009 10:35:47 AM PDT by rockrr (Everything is different now...)
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To: a fool in paradise
Why didn't the campaign just buy an ASCAP license? Couldn't they then use whatever music they wanted? Am I missing something?
22 posted on 07/21/2009 10:35:57 AM PDT by colorado tanker ("Lastly, I'd like to apologize for America's disproportionate response to Pearl Harbor . . . ")
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To: dennisw

I agree - JB did some very good albums up to The Pretender and made millions from the free market capitalism system. Eventually he moved to Spain and continued his socialism preach - typical left wing limousine liberal elitist.


23 posted on 07/21/2009 10:38:22 AM PDT by newfreep ("Liberalism is just Communism sold by the drink." - P.J. O'Rourke)
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To: jalisco555
"If Browne wants dems to use his music in their ads that's his right as the copyright holder. There's nothing political in this story, it's all about protecting property rights."

BS. If Obama had used the song, Browne wouldn't have sued or sought a commitment from the DNC to never use artists' work in their ads without permission. He came out duing the campaign and made a stink because he didn't like it being used by Republicans. It's his right of course, but I'm talking about his motivation - he could make money, embarras the GOP nominee, and get a commitment that will protect other liberals (from the right side of the aisle).

24 posted on 07/21/2009 10:39:29 AM PDT by americanophile (Sarcasm: satirical wit depending for its effect on bitter, caustic, and often ironic language.)
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To: a fool in paradise
Does Browne really still hold property rights to his songs? If so, I wonder how he managed that when the Beatles didn't.
I remember Heart complaining about the use of "Barracuda". Does Heart have the property rights to their songs, too? Do you think Heart would have complained if the Demo's had used their song? Nah, I didn't think so, but I'd like to see someone from FOX ask them that question.
25 posted on 07/21/2009 10:43:02 AM PDT by jeffc (They're coming to take me away! Ha-ha, hey-hey, ho-ho!)
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To: Buckeye McFrog
I think that would apply if they were parodying the song, but they weren't they were parodying Obama, and using copyrighted material in the background.
26 posted on 07/21/2009 10:43:46 AM PDT by americanophile (Sarcasm: satirical wit depending for its effect on bitter, caustic, and often ironic language.)
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To: a fool in paradise

I love your music and how you worked with Neil Young and Warren Zevon - two of my musical heroes - but in this case, you’re a wanker.

http://www.youtube.com/watch?v=-4vSEXvLsx0


27 posted on 07/21/2009 10:47:33 AM PDT by lefty-lie-spy (Stay metal. For the Horde \m/("_")\m/)
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To: Fractal Trader

Compulsory license fees only apply to the use of the song as is with no modification.

If I dont want my song used in a tampon commercial or a political commercial I can refuse to license it no matter how much you offer to pay. Its done all the time and Browne was legally correct and within his rights and the settlement proves it. We had this argument when the suit was filed. I was right then and I am still right now. I have seen dozens of these cases. Again, a compulsory license only gives one the right to record and sell my song exactly as written and nothing else.


28 posted on 07/21/2009 10:55:35 AM PDT by mono
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To: RexBeach

An artist’s hands are his livelihood so this is understandable


29 posted on 07/21/2009 11:02:25 AM PDT by dennisw (Free Republic is an island in a sea of zombies)
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To: jeffc

There is a difference between using a song in a film or commercial and playing it at a venue. Venue owners can not be expected to check w/ every artist to see if it’s ok to play their song at a particular time and place. So the rule is you license via ASCAP or BMI and play from their entire catalogs.

Here in Portland representatives from these groups go around to bars, restaurants and coffee houses and listen to music. If you aren’t paying their license fees and you are playing music they start the legal process until you sign up with them.

One place I used to go the owner went through his CDs and removed all the one that were licensed by either firm, leaving mostly weird Greek CD’s. It was a step up in the music that played there.


30 posted on 07/21/2009 11:03:58 AM PDT by Jack Black
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To: newfreep

Jackson Browne is the same as many artists. Their best work is done when young when that original pure spirit comes through. Late for the Sky was a masterpiece that other artists also hailed. How would you like to be Jackson Browne and the audience tries to get you to play “Fountain of Sorrow” for the thousandth time?


31 posted on 07/21/2009 11:07:32 AM PDT by dennisw (Free Republic is an island in a sea of zombies)
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To: dennisw

Love his music - hate his politics.


32 posted on 07/21/2009 11:09:56 AM PDT by RexBeach
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To: Buckeye McFrog

Agreed. If fees are paid, artist generally has no say. Haven’t the Pretenders tried for years to stop Rush from using their song, Ohio?


33 posted on 07/21/2009 11:11:16 AM PDT by sand lake bar
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To: RexBeach; dennisw
"Late for the Sky" is the GREATEST breakup song ever.

That being said, Jackson Browne is a has-been women-beater, and a feminine hygiene product to boot.

34 posted on 07/21/2009 11:12:30 AM PDT by Clemenza (Remember our Korean War Veterans)
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To: sand lake bar

RE: Pretenders Song on Rush. Rush uses the exact version of the song as written as bumper music, not modified as a commercial for a political candidate or a product.


35 posted on 07/21/2009 11:19:06 AM PDT by mono
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To: a fool in paradise

Great musician.
Piss poor politics.

Jackson and his lefty friends are some of the reasons why US nuclear power has stalled for over 30 years.


36 posted on 07/21/2009 11:22:48 AM PDT by SJSAMPLE
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To: a fool in paradise

I just tossed my Jackson Browne CD in the trash.


37 posted on 07/21/2009 11:30:52 AM PDT by arichtaxpayer (52% of our country is stupid.)
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To: Clemenza

Just don’s blame it on the bossa nova


38 posted on 07/21/2009 11:32:14 AM PDT by dennisw (Free Republic is an island in a sea of zombies)
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To: mono

From RS magazine:

http://www.rollingstone.com/news/story/5923659/really_randoms_chrissie_hynde_ricky_martin_jimmy_page

The standoff between CHRISSIE HYNDE and radio right-winger RUSH LIMBAUGH is finally over. Since 1984, Limbaugh had been using the “My City Was Gone,” the Pretenders lament about the mall-ification of America, without Hynde’s consent. According to Hynde’s manager, Limbaugh had not licensed the song for his nationally syndicated radio show, nor had he even asked for permission to use it — something that didn’t seem to bother Hynde all that much until Limbaugh told a pair of reporters in 1997 that “it was icing on the cake that it was [written by] an environmentalist, animal rights wacko and was an anti-conservative song. It is anti-development, anti-capitalist, and here I am going to take a liberal song and make fun of [liberals] at the same time.” Last month, Hynde finally got Limbaugh to pull the song but then did an about face on Aug. 18, telling him that he could use the song if he donated all the royalties to the animal right’s organization PETA, after PETA campaign manager Dan Mathews told her Limbaugh had a soft-spot for animals. She fired off the following missive to PETA to let them know of the recent developments. “In light of Rush Limbaugh’s vocal support of PETA’s campaign against the Environmental Protection Agency’s foolish plan to test some 3,000 chemicals on animals, I have decided to allow him to keep my song, ‘My City Was Gone,’ as his signature tune and to donate all proceeds from the deal to further PETA’s efforts in that regard” ...


39 posted on 07/21/2009 11:32:55 AM PDT by Salo
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To: sand lake bar

For a short time, The Pretenders’ label put a stop to using “My City Was Gone”, but Hynde said in an interview that, though she didn’t care for it, she saw no problem with Limbaugh using the song, and so they went back to it. She even said that calls of “Rush!” would be heard from the audience when they played it live. Limbaugh has also mentioned that they do pay a fee to use the song.


40 posted on 07/21/2009 11:34:47 AM PDT by Longhair_and_Leather (Don't send a boy to do a man's job, send a woman--Sarah 2012!)
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