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.