The Artful Jurist

It’s not exactly news that even those who help make the laws sometimes run afoul of them. In this case, it was Senator John McCain, whose presidential campaign employed the Jackson Browne song, “Running on Empty,” in an election campaign ad.

Now, ordinarily, music artists are thrilled to have their songs get play. But the singer/songwriter didn’t take kindly to having his music associated with the Republican candidate. In Browne’s mind, people might draw the conclusion he endorsed McCain. The fact was, Browne was backing Democrat Barack Obama, and McCain’s campaigners didn’t have permission to use Browne’s song. Result: lawsuit.

Well, the news this week is that the suit’s been settled—as these things so often are. No specifics on the settlement, other than, apparently, the senator apologized to Browne. But, once again, the lesson to be learned here is that you need to be extra careful when you slide into an advertisement something that’s a recognizable element of a celebrity. If the celeb believes you’ve mischaracterized him by including his likeness in something he doesn’t support, he could have a case against you.