McCain Responds To Jackson Browne Lawsuit: Here's How Fair Use Works...

from the indeed dept

During the presidential campaign, we noted that singer Jackson Browne had sued the McCain campaign for the use of one of his songs in a commercial. The McCain campaign has filed a response to the lawsuit, first noting that it wasn't the McCain campaign that used the song in an ad, but the Republican Party of Ohio. Second, the campaign points out that the use of the song probably qualifies as fair use:
"Given the political, non-commercial, public interest and transformative nature of the use of a long-ago published song, the miniscule amount used and the lack of any effect on the market for the song (other than perhaps to increase sales of the song), these claims are barred by the fair use doctrine."
Of course, between this and the McCain campaign's attempt to get YouTube to apply different fair use rules to presidential campaign videos, it makes you wonder if Senator McCain will actually try to do something in the Senate to improve copyright law to make fair use more explicit and make it clear that it covers these sorts of actions. Somehow I doubt it.

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  1. identicon
    besides the point, 22 Nov 2008 @ 4:32pm

    it's all

    ....jb's is pushing a lawsuit against the wrong party. Ohio Rep party is who he needs to take his case against. JB is just as uninformed as all the rest of BO supporters. . . JB probably didn't want the publicity and the consequential increase in record sales as it would raise record sale revenues above $250,000 and subject to BO's suck ass tax plan.

    Viva la Californication of America!

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