John McCain anti-SLAPPs Jackson Browne

by evan austin on November 20, 2008

from msnbc:
The singer/songwriter sued McCain in August after the Republican candidate for the highest office in the land used his song, “Running on Empty,” in a campaign commercial that targeted Obama’s energy plan. At the time, many didn’t take the legal threat very seriously, but based on two motions filed this week in U.S. District Court in California, the McCain campaign sure does.
The second filing is…an anti-SLAPP motion, which is typically used by defendants as a way to seek monetary damages after a plaintiff has subjected a defendant to a lawsuit meant to chill free speech. So far, McCain is only looking for attorney’s fees and costs, but claiming an artist has interfered with free speech is quite the poke of an eye in show business.

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{ 3 comments… read them below or add one }

D. Rice November 20, 2008 at 9:43 pm

Is this a joke? McCain can say whatever he wants, but he can’t employ the property of an artist to say it. This just seems like a vindictive way to punish Jackson for being an activist.

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Anonymous November 20, 2008 at 9:48 pm

Why didn’t he use one of Britney’s songs?

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Tyler November 20, 2008 at 10:01 pm

Here’s some legal stuff on this issue – basically it says that if Team McCain did their homework, they could have secured the performance rights to the song through ASCAP, circumventing the song writers and the owners of the master recording.
http://www.stlr.org/2008/10/john-mccain-and-the-music-makers/
The system is supposed to make licensing, payment and collection easier, but totally sucks for the rights owner if its being used for a purpose to which you are ethically or politically opposed.

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