Maybe he was just borrowing it like you borrowed Slomo's photos.![]()
Is there a case?
I thought small segments of copyrighted material could be used without permission. Anyone know what the time limit is? Was that time limit exceeded?
Maybe he was just borrowing it like you borrowed Slomo's photos.![]()
Jackson Browne.![]()
fair or not, whenver I hear Jackson Browne I always think of this (and I know it wasn't the song playing when those babies popped out- but they played it a ton throughout the flick)
![]()
It's like three notes IIRC, so just doing the chorus will put you on the hook.
Since there's no compulsory right for music synchronization (the pairing of a song with video), McCain and/or his agents appear to have intentionally infringed Jackson Browne's copyright by not seeking permission and paying for the song -- a crime that warrants with statutory damages of $150,000, even if no further damage was done.
And Browne alleges that further, more expensive damage was in fact done. His complaint claims (under the Lanham Act) that "because 'Running on Empty' is so famously associated with Jackson Browne, essentially what's been misappropriated here is Jackson's iden y," according to Iser. "They've put it in a commercial in a way that says that Jackson Browne is supporting senator McCain."
In addition, Browne does not allow his music to be use in advertisements, which could drive up the value (or associated damages) of his association with a product -- in this case, John McCain.
"The way (cases like this) usually are valued," said Iser, "is you have an expert witness from the music publishing world talking about 'had Jackson Browne granted permission, what would the license fee have been, given his stature, the famousness of the song and the use of it?' In this case, Jackson doesn't give permission for commercials, which means the value – had he done it – would have been very high."
Iser told us that license fees for using a high-profile song like this in an advertisement have exceeded $1 million, and that Browne's request for damages will likely be in that range.
This by no means the first time an artist has sued for wrongfully being associated with a product. Tom Waits successfully sued Frito Lay and its advertising agency in 1992 for $2.5 million, in a false endorsement case upheld by the Ninth Circuit Court of Appeals.
http://blog.wired.com/music/2008/08/jackson-browne.html
The Ohio Republican Party, at the very least, could be heavily boned.
I don't know Duff...why don't you tell me how many songs you've illegally downloaded since 1997, then I'll decide how I feel about it...and how valid your point is.
Because right now, I don't really give a . It's not like the song matters, it's not like McCain was trying to pass it off as his own work, and frankly it just hurts Obama to be associated with Browne...it hurts Obama for Browne's name to even be mentioned right now.
He's a guy who advocates pacifism...unless it's Darryl Hannah's face or Republicans...trust me, you guys don't need another of that type of celeb being associated with you.
That whole recording rights thing became a have VS the have nots cause about 1997...
Paris (crack , , spoiled dumbass) Hilton and Jackson (No Nukes, Black Eye) Browne interjecting themselves into this campaign is not going to help Obama...
It'll be a negative example of the type of person Obama appeals too...
They'll probably bash the stupid Republicans while they are doing it...and that's always good, because you guys don't need their votes all to win this election...
So by all means, keep getting millionaire crackheads and woman beaters to announce whose side they are on and teach those republicans a lesson...because it worked so well in 04.
I've heard The Pretenders won't even play My City Was Gone in concert because Rush Limbaugh uses it as his theme song. Apparently they started playing it somewhere in Florida and the crowd started chanting "Rush! Rush! Rush!"
![]()
There are currently 1 users browsing this thread. (0 members and 1 guests)