Would you say he has every right to sue?

Question

Jackson Browne Sues McCain, RNC Over Song In Ad

LOS ANGELES - Jackson Browne doesn't want John McCain running on anything fueled by his lyrics.

The singer-songwriter sued McCain and the Ohio and national Republican committees in U.S. District Court in Los Angeles on Thursday, accusing them of using his song "Running on Empty" without his permission.

The lawsuit claims the song's use was an infringement of his copyright and will lead people to conclude he endorses McCain. The suit says Browne is a lifelong liberal who is as well-known for his music as for being "an advocate for social and environmental justice."

The advertisement mocks Democratic presidential candidate Barack Obama's contention that if U.S. drivers got regular tuneups and drove on properly inflated tires, they could save the same amount of oil that would be gained by offshore drilling. According to the suit, "Running on Empty" plays in the background of the ad criticizing the remarks.

Robert Bennett, chairman of the Ohio party, said the ad was pulled when Browne objected. He called the lawsuit a "big to-do about nothing."

McCain spokesman Brian Rogers disavowed the ad, saying it wasn't a product of the Republican presidential candidate's campaign.

Browne's lawsuit contends the Ohio Republican party released the ad on behalf of McCain and the RNC. The RNC did not return a phone call seeking comment.

The suit notes that other musicians, including ABBA and John Cougar Mellencamp, have asked McCain to stop using their work.

http://news.yahoo.com/s/ap/20080815/ap_on_en_mu/people_browne_mccain;_ylt=AvlJrlz21wLl5B_5JSRLnEYDW7oF

Answer 1

no he cant sue. it's a public song, and can be used. he has to give credit to the singer and to pay any fair royalties. this is it. I am studying law at Harvard and we had a situation that come up in class similar to this one.  

Answer 2

Yes, you can sue anyone for copyright infringements if the songwriter ask them not to use their music. Especially, in a ad that millions of people could see and hear.

If I was singing and playing someones song in my own band I would need to get permission from the music company that had the rights to the songwriters music.

If they were to find out I could get hit with fees for using it without an agreement There are such things as royalties to protect the artist work.

Answer 3

Sure he can sue. You can sue anyone for anything in the US! However, to sue and win he is going to have to show damages. Once the Ohio Republicans show that they pulled the ad as soon as they were made aware of Mr. Browne's concerns, he has no standing to sue because they complied with his request.