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Conjecture doesn't win lawsuits.
Well, I would disagree... copyright doesn't only have to do with profit. The Fair Use Doctrine is fairly limited:
Fair use - Wikipedia, the free encyclopedia
One still has to ask permission to use a copyrighted work. The McCain campaign didn't (this is the second problem they had of this nature, btw). And, given Jackson Browne's history as a political activist, from No-Nukes, to Amnesty International to Vote for Change, and probably a myriad of others, he has a pretty good argument that not only did the use violate his copyright but also intentionally implied that he somehow endorsed the McCain campaign, something which, given the history, could be particularly egregious.
If you look at 17 USC 110, political use of copyrighted work is NOT one of the exempted uses.
U.S. Copyright Office - Copyright Law: Chapter 1
Now, it doesn't rise to the level of criminal violation of the copyright laws as what would occur in the case of piracy, but an argument for civil damages?
Well, counselor, tell me what you think --
U.S. Copyright Office - Copyright Law: Chapter 5
So in answer to your question, will he win? Dunno... depends on the republican judge who gets the case... But I sure as heck wish I were representing him.
I sat around at work for two hours this morning(slowday) and kicked this around with four other attorneys. One of which used to practice personal injury. We have come to the conclusion that this could go either way. I've decided that if I were McCain's legal counsel, that I would settle and do so quickly. There is more than enough precedent to argue each side in this case and the case of Heart, however is it really worth it to the campaign to fight it?
This being said, who can sue non-profits?
Who Can Sue a Nonprofit Board
Still not sure if Browne can actually sue.
Well, I would disagree... copyright doesn't only have to do with profit. The Fair Use Doctrine is fairly limited:
Fair use - Wikipedia, the free encyclopedia
One still has to ask permission to use a copyrighted work. The McCain campaign didn't (this is the second problem they had of this nature, btw). And, given Jackson Browne's history as a political activist, from No-Nukes, to Amnesty International to Vote for Change, and probably a myriad of others, he has a pretty good argument that not only did the use violate his copyright but also intentionally implied that he somehow endorsed the McCain campaign, something which, given the history, could be particularly egregious.
If you look at 17 USC 110, political use of copyrighted work is NOT one of the exempted uses.
U.S. Copyright Office - Copyright Law: Chapter 1
Now, it doesn't rise to the level of criminal violation of the copyright laws as what would occur in the case of piracy, but an argument for civil damages?
Well, counselor, tell me what you think --
U.S. Copyright Office - Copyright Law: Chapter 5
So in answer to your question, will he win? Dunno... depends on the republican judge who gets the case... But I sure as heck wish I were representing him.
I'm not sure a campaign is technically a not-for-profit. I think that might only apply to 501c(3)'s.. though I could be wrong. I'd have to ask an election attorney.
Jillian is right, here. McCain exceeded what would be considered "fair use".
A Judge allowed Enimen to sue Apple for this very same reason, using a song in a commercial without his permission.The problem is if Browne can actually sue. If McCain for America can demostrate non-profit status, this could be dismissed before it gets started.
A Judge allowed Enimen to sue Apple for this very same reason, using a song in a commercial without his permission.
Establish the relationship. What relationship does Jackson Browne have with the McCain Campaign. Does McCain stand to profit monetarily from the use of the song. No, case dismissed.
Why because they could establish he could profit from the commerical! Plus there is the reason you can't use Artist songs in comm. without permission, it as though you are saying they back the canidate.Man, are YOU ever getting desperate. Responding to morons ....
An ad campaign is to either inspire people to vote and enough do therefore he recieves a higher paying job with then he has made a profit or it inspires people to donate money to the campaign or the RNC which in there is a profit.Apple is a for profit corporation. The rules are different.
Why because they could establish he could profit from the commerical! Plus there is the reason you can't use Artist songs in comm. without permission, it as though you are saying they back the canidate.
Why because they could establish he could profit from the commerical! Plus there is the reason you can't use Artist songs in comm. without permission, it as though you are saying they back the canidate.
An ad campaign is to either inspire people to vote and enough do therefore he recieves a higher paying job with then he has made a profit or it inspires people to donate money to the campaign or the RNC which in there is a profit.
And for Apple with your agruement, how could they prove enimen made them a profit. The same way they can prove the ads made donations go up!
boo-hoo
A campaign is considered not-for-profit so it isn't covered.
WRONG!
Copyright infingement is a crime, and the McCain Campaign can be fined and sued fror each time they used that music with J Browns permission.
This won't fly. McCain does not stand to make money off this song. No profit equals no damages. Therefore case dismissed.
WRONG!
People write whole books about all the stuff you don't know about copyright laws, you know?
I'm not sure a campaign is technically a not-for-profit. I think that might only apply to 501c(3)'s.. though I could be wrong. I'd have to ask an election attorney.
Does NOT make any difference if its a 501c-3. (it isn't by the way)
Being a NFP corporation doesn't give you the right to violate copyright laws, not making any money doesn't give you the right either.
McCain violated Browns copyright plain and simple.
