Entertainment

Jackson Browne filed suit Thursday against Republican presidential candidate John McCain and the Republican National Committee for what he contends is the unlawful use of his song "Running on Empty" in a campaign ad targeting Democratic candidate Barack Obama.

Mr. Browne, 59, a member of the Rock and Roll Hall of Fame known for his liberal politics as well as a long career as a singer-songwriter, had endorsed John Edwards in his bid for the White House. Mr. Edwards later endorsed the presumptive Democratic nominee, Mr. Obama.

Courtesy of Music City Texas Theater

Jackson Browne performs at the Music City Texas Theater in Linden, Texas.

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The suit, filed in U.S. District Court in Los Angeles, alleges that Mr. McCain and the GOP failed to obtain a license for use of the song in a television commercial, which mocks Mr. Obama for suggesting that the country conserve gas through proper tire inflation.

McCain spokesman Brian Rogers suggested Thursday that Mr. Browne may have sued the wrong people. He said the ad in question is not a McCain campaign ad but one put together by the Ohio Republican Party.

Mr. Browne's attorney, Lawrence Y. Iser, told the Los Angeles Times , however, that Mr. Browne had not named the wrong defendant: "We have sued the Ohio Republican Party as well, and we have been informed and believe that McCain and his campaign were well aware of the ad. We are also informed and believe that the ad was broadcast on television in Ohio and Pennsylvania. ... The fact that it appears on the Internet means it also reaches an audience well beyond those states."

In addition to a claim for copyright infringement, the suit alleges that, by using a song famously associated with Mr. Browne, Mr. McCain and the GOP violated the federal Lanham Act by falsely suggesting that Mr. Browne is associated with and endorses Mr. McCain's candidacy. In addition, the suit says the use of Mr. Browne's voice violates Mr. Browne's right of publicity under California law. The suit seeks a permanent injunction as well as unspecified damages.

"In light of Jackson Browne's lifelong commitment to Democratic ideals and political candidates, the misappropriation of Jackson Browne's endorsement is entirely reprehensible, and I have no doubt that a jury will agree," Mr. Iser said in a prepared statement. .

Mr. Browne's attorney told the Times that the lawsuit "is not politically motivated. It's a copyright infringement lawsuit, pure and simple, but the fact that Sen. McCain has used this song in a hit piece on Barack Obama is anathema to Jackson."

Mr. Iser also claimed that the McCain campaign "used a John Mellencamp song until he made them stop and he used an ABBA song and a Frankie Valli song – it's ridiculous and it's setting a terrible example," Mr. Iser told the Times. "It's shocking that they don't even attempt to get permission."

Mr. Browne is scheduled to perform Oct. 29 at the Nokia Theatre at Grand Prairie.