Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Unauthorized Uses of Music in Campaign Ads
Candidates for public office have long sought to align themselves with popular cultural icons ' often in the form of musicians and their music. In the last Presidential campaign, music in campaign ads made legal headlines when singer/songwriter Jackson Browne sued over the unauthorized inclusion of his song and recording of “Running on Empty” in an anti-Obama campaign ad for Republican Presidential candidate John McCain. Browne v. McCain, 08-05334 (S.D. Calif.). There aren't many court rulings on music in campaign ads, though before being settled in 2009, Browne's suit resulted in several.
Then in June 2010, the U.S. District Court for the Southern District of California issued an opinion in a suit musician Don Henley brought over the unauthorized use of two of his songs ' with new, unauthorized lyrics ' in campaign ads for Chuck DeVore's bid for the Republican nomination for the U.S. Senate. In August, Henley and DeVore announced they settled that suit. But the Browne and Henley litigations arose during a recent spate of such campaign ad controversies. The issues in these cases can also apply to music incorporated without consent into product ads in general and in other media uses, such as in movies, TV shows and video games.
Lawrence Y. Iser, a partner in Los Angeles's Kinsella, Weitzman, Iser, Kump & Aldisert LLP, served as attorney for Jackson Browne in the McCain litigation and is counsel to musician David Byrne in a pending action against Florida Governor Charlie Crist that was filed after Crist used the Talking Heads' song and recording “Road to Nowhere” in Crist's campaign ad for the U.S. Senate. Byrne v. Crist, 8:10-CV1187 (M.D. Fla.). In the Q&A that follows, Iser responds to questions from Entertainment Law & Finance (ELF) Editor-in-Chief Stan Soocher about litigation and related issues regarding music in political ads.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?