Why do copyright holders hate America?

Jesus Christ. What happened to Jackson Browne's FACE?!? He's all purple and lumpy! He looks like a Madame Tussaud's version of himself that got left next to a radiator too long!

MaxxLarge: Jesus Christ. What happened to Jackson Browne's FACE?!? He's all purple and lumpy! He looks like a Madame Tussaud's version of himself that got left next to a radiator too long!

Maybe it's because he's almost 60 years old.

MaxxLarge: Jesus Christ. What happened to Jackson Browne's FACE?!? He's all purple and lumpy! He looks like a Madame Tussaud's version of himself that got left next to a radiator too long!

Doctor, my EYES!

OK. First Mike Myers and now Jackson Browne. Maybe McCain's campaign will get a farking clue not to break copyright laws.

If this guy is breaking laws NOW, how will he behave if he's elected? Gimme a break! It doesn't take a lot to get permission if you want to use someone's copyrighted work!

As a fan of Jackson Browne, I am getting a kick out of someone finally getting a green for this subject. I owe you a month of TF.
Hey- I lost a bet... EIP.

If you've heard Jackson Browne in concert the past 6 years, you'd know how much he despises Bush and the Iraq War. There's no way he'd let McCain use his songs.

I suggest beating McCain like you did Daryl Hannah, Jackson...

John McCain knows that once he is elected president, that the laws no longer apply to him, that's one of the things Shrubya taught him.

The pretender meets the offender.

SpaceyCat: OK. First Mike Myers and now Jackson Browne. Maybe McCain's campaign will get a farking clue not to break copyright laws.

I think it's intentional -- violate copyright laws, then say that Obama's celebrity fanboys are attacking McCain for him.

So things aren't Rosie between Browne and McCain? You've got to hand it to the old man, but I hope Browne beats him off with this lawsuit.

SpaceyCat: OK. First Mike Myers and now Jackson Browne. Maybe McCain's campaign will get a farking clue not to break copyright laws.

If this guy is breaking laws NOW, how will he behave if he's elected? Gimme a break! It doesn't take a lot to get permission if you want to use someone's copyrighted work!

Didn't this happen with John Cougar and Tom Petty as well?

SpaceyCat: OK. First Mike Myers and now Jackson Browne. Maybe McCain's campaign will get a farking clue not to break copyright laws.

FTFY

So far they've behaved fairly cluelessly. I think one of the more funny moments was hearing Hannity throw a tad of a fit yesterday.

/Certianly more conservative than liberal but man these guys are embarrasing sometimes.

SpaceyCat: OK. First Mike Myers and now Jackson Browne. Maybe McCain's campaign will get a farking clue not to break copyright laws.

If this guy is breaking laws NOW, how will he behave if he's elected? Gimme a break! It doesn't take a lot to get permission if you want to use someone's copyrighted work!

Oh come on now, the same thing happened to Bush in 2004 and...oh.

Never mind.

I love Jackson Browne. That is all.

chipspastic: Oh come on now, the same thing happened to Bush in 2004

Meet the new boss
Same as the old boss

...or Detroit/I don't know/ I've done so many lawsuits in a row/...oh wont you stay...


/got nothing

Non-story. Overzealous staffer.

chipspastic: Oh come on now, the same thing happened to Bush in 2004 and...oh.

And now the song-writer is a Democratic member of Congress. (new window)

SpaceyCat: OK. First Mike Myers and now Jackson Browne. Maybe McCain's campaign will get a farking clue not to break copyright laws.

If this guy is breaking laws NOW, how will he behave if he's elected? Gimme a break! It doesn't take a lot to get permission if you want to use someone's copyrighted work!

McCain is already president. He's sent a diplomatic envoy to Georgia to negotiate. Bush and Rice are keeping quiet and letting him run things.



But he's not being presumptuous or making this political or anything like he accused Obama of doing. be sure to remember that.

Hobodeluxe: But he's not being presumptuous or making this political or anything like he accused Obama of doing. be sure to remember that.

Now, now. No one is accusing B. HUSSEIN Obama of being presumptuous. He's being uppity.

Didn't you get the memo?

Control_this: If you've heard Jackson Browne in concert the past 6 years, you'd know how much he despises Bush and the Iraq War. There's no way he'd let McCain use his songs.

Oh, JB's animosity for the right goes back waay farther than that.

I was trying to find out how many times the McCain campaign had done this (I seem to remember another instance) and came across this quote from Ted Nugent:

Even the reliably Republican Ted Nugent is no fan. "McCain is catering to a growing segment of soulless Americans who could care less what they can do for their country, but whine louder and louder about what their country must do for them," the Motor City Madmen recently said. "That is both un-American and pathetic." (new window)

Ted freakin' Nugent!

He should use Shot Down in Flames by AC/DC...

Dr.Zom: I was trying to find out how many times the McCain campaign had done this (I seem to remember another instance) and came across this quote from Ted Nugent:

Even the reliably Republican Ted Nugent is no fan. "McCain is catering to a growing segment of soulless Americans who could care less what they can do for their country, but whine louder and louder about what their country must do for them," the Motor City Madmen recently said. "That is both un-American and pathetic." (new window)

Ted freakin' Nugent!

I'm actually really surprised to hear that. Although I'm pleasantly surprised. Good old crazy Ted Nugent.

only a complete loser would use jackson browne as song.

when does obama break out herbie hancock Rock It, and F' Tha Police?

obzerver: SpaceyCat: OK. First Mike Myers and now Jackson Browne. Maybe McCain's campaign will get a farking clue not to break copyright laws.

If this guy is breaking laws NOW, how will he behave if he's elected? Gimme a break! It doesn't take a lot to get permission if you want to use someone's copyrighted work!

Didn't this happen with John Cougar and Tom Petty as well?

I think Bruce Springsteen didn't even bother when Reagan began using a song about the shiatty treatment of Vietnam Veterans as a campaign song about how great American is.

McCain can't even stay faithful to his wife... what makes you think he can stay faithful to his country?

Why does McCain want to ruin artists' integrity? they dont want anywhere near his fail junk

I don't want to see him settle. I want him to drag McCain through a trial. Just imagine how amusing that would be especially right now

Dr.Zom: Even the reliably Republican Ted Nugent is no fan. "McCain is catering to a growing segment of soulless Americans who could care less what they can do for their country, but whine louder and louder about what their country must do for them," the Motor City Madmen recently said. "That is both un-American and pathetic." (new window)

WOW.

When you're the Republican presidential nominee and even Ted Farking Nugent won't support you...

YOU'RE DOING IT WRONG, MCCAIN.

Wow! That is one ugly woman.

SpaceyCat: OK. First Frankie Valli, then Mike Myers and now Jackson Browne. Maybe McCain's campaign will get a farking clue not to break copyright laws.

If this guy is breaking laws NOW, how will he behave if he's elected? Gimme a break! It doesn't take a lot to get permission if you want to use someone's copyrighted work!

ftfy

Copyright infringement trifecta now in play.

Control_this: If you've heard Jackson Browne in concert the past 6 years, you'd know how much he despises Bush and the Iraq War. There's no way he'd let McCain use his songs.

I was just thinking this.

/Warren's 2007 Christmas Jam
//was surprised he covered Dylan

keylock71: He should use Shot Down in Flames by AC/DC...

Or possibly Loser, by Beck.

Who would have thought that the over blown need to sue everyone out of existence over copyright violations would actually be beneficial

Jackpot777: keylock71: He should use Shot Down in Flames by AC/DC...

Or possibly Loser, by Beck.

Or Creep by Radiohead.

Flab: Non-story. Overzealous staffer.

I think that's also what happened to John Edwards.

What_Would_Jimi_Do: only a complete loser would use jackson browne as song.

when does obama break out herbie hancock Rock It, and F' Tha Police?

I might totally change my mind about Obama if he played something by this group

Jackson Browned

/obligatory

Is this unprecedented that a candidate running for office would break the law with his campaign ads?

+1 for teh headline subby
/Lawyers in Love (new window) is a classic music video

I love it, a website that is reliably pro-file sharing getting upset that McCain is doing something that is well within the fair-use laws. Ever hear the Rush Limbaugh show? For 20 years now he has opened with a Pretenders song. The Pretenders tried to do something about it, but can't. You can use (I forget the amount.. 25 seconds?) of a song for fair use.

And what the hell is suing for "false endorsement"?

Maybe St Barak can use "The Pretender"

/Jackson Browne fan

BiffDangler: I love it, a website that is reliably pro-file sharing getting upset that McCain is doing something that is well within the fair-use laws.


Flab: Non-story. Overzealous staffer.

You guys don't get it.The story is that McCain's campaign didn't see this coming. The point is not to support Browne.

BiffDangler: You can use (I forget the amount.. 25 seconds?) of a song for fair use.

this seems to disagree...

There are no clear-cut rules for deciding what's fair use and there are no "automatic" classes of fair uses. Fair use is decided by a judge, on a case by case basis, after balancing the four factors listed in section 107 of the Copyright statute. The factors to be considered include:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes -- Courts are more likely to find fair use where the use is for noncommercial purposes.

2. The nature of the copyrighted work -- A particular use is more likely to be fair where the copied work is factual rather than creative.

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole -- A court will balance this factor toward a finding of fair use where the amount taken is small or insignificant in proportion to the overall work.

4. The effect of the use upon the potential market for or value of the copyrighted work -- If the court finds the newly created work is not a substitute product for the copyrighted work, it will be more likely to weigh this factor in favor of fair use.

BiffDangler: I love it, a website that is reliably pro-file sharing getting upset that McCain is doing something that is well within the fair-use laws. Ever hear the Rush Limbaugh show? For 20 years now he has opened with a Pretenders song. The Pretenders tried to do something about it, but can't. You can use (I forget the amount.. 25 seconds?) of a song for fair use.

And what the hell is suing for "false endorsement"?

I could be wrong here, but I thought you could only sample 7 seconds of a song without permission or acknowledgment, not 25. If you could use 25 seconds, then advertising agencies everywhere would use all sorts of music in their commercials.

False endorsement is trickier. I remember that Nancy Sinatra tried to sue Goodyear after they used her song "These Boots Were Made for Walking" in a commercial. Goodyear had properly licensed the song from the music company, but Sinatra said the song was so inextricably tied to her that it implied false endorsement. She lost the case. However, when Chuck Yeager sued Cingular for using a clip of him breaking the sound barrier, he won.

BiffDangler

Chrissie Hynde Story

/"Fair Use" doesn't extend to recorded television commercials
//UPI is pro file sharing?

Headso: BiffDangler: You can use (I forget the amount.. 25 seconds?) of a song for fair use.

this seems to disagree...

I also found this, which is based off of the Lanham Trademark Act:

Section 43(a) of the U.S. Lanham (Trademark) Act forbids false designations of origin, false descriptions, and dilution. It covers false implied endorsement in the following terms:

Any person who, in connection with any goods or services... uses in commerce any word, term, name, symbol, or device...or any false or misleading description ...or representation of fact, which is likely to cause confusion ... or to deceive as to the affiliation, connection, or association of such person with another person, or as to the... sponsorship, or approval of his/her goods, services, or commercial activities by another person, shall be liable in a civil action by any person who believes that he/she is or is likely to be damaged by such act.

Courts have formulated the following elements for a claim under § 43(a):

* The defendant must have made a false or misleading statement of fact in advertising.
* That statement must have actually deceived or had the capacity to deceive a substantial segment of the audience.
* The deception must have been material, in that it was likely to influence the purchasing decision.
* The defendant must have caused its goods to enter interstate commerce.
* The plaintiff must have been or is likely to be injured as a result.