November 21, 2008 20:54

John McCain retaliates against Jackson Browne for lawsuit

Former US presidential candidate seeks damages from veteran rocker

Former US Republican presidential candidate John McCain has retaliated against Jackson Browne for filing suit against him for allegedly using his 1977 hit song 'Running On Empty' in his advertising campaign without his permission.

McCain claims that the veteran rocker took legal action in a desperate attempt to boost his career, and has filed motions to throw out the suit and recover the legal fees associated with it, reports E! Online.

"Given the political, non-commercial, public interest and transformative nature of the use of a long-ago published song, the minuscule 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," McCain said in the court documents.

Browne, a self-purported "lifelong liberal activist and supporter of Democratic candidates", is seeking at least $75,000 in damages from McCain as well as the Republican National Committee and the Ohio Republican Party[b], as previously reported.

[b]--By our Los Angeles staff.
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