John McCain's Intellectual Property Problem

Sam Gustin finds it interesting that John McCain says how "committed" he is to protecting intellectual property, when he's been repeatedly accused of stealing intellectual property for political gain.

In his brand new technology policy statement, Senator John McCain lists as one of his top priorities "effectively protecting American intellectual property in the United States and around the globe."

Yet for at least the third time, McCain's presidential campaign has been accused of using others' intellectual property without permission in a political attack ad that appeared online.

Yesterday, hours after McCain issued his technology platform, classic rocker Jackson Browne sued the candidate and the Republican National Committee in U.S. District Court in Los Angeles for using his hit "Running On Empty" in an attack ad slamming opponent Barack Obama. Browne is seeking a permanent injunction barring McCain from using any more of the singer's material, as well as damages.

A McCain spokesperson said the campaign was suing the wrong people because the video was produced by the Ohio Republican Party.

But Browne's attorney, Lawrence Y. Iser, countered, "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," which he says first aired in Ohio and Pennsylvania.

"The fact that it appears on the Internet means it also reaches an audience well beyond those states," Iser said.

Iser makes a good point. In the era of YouTube, the fact that a given ad was produced by a particular state party for local broadcast doesn't really matter. Once a video goes viral on the web, its origins become effectively irrelevant.

But Iser didn't stop there. He went on to accuse McCain of a repeated pattern of intellectual property theft.

"They 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," Iser told the L.A. Times. "It's shocking that they don't even attempt to get permission. There's no copyright difference between using a song to sell cars or by people running for president."


"The music industry continues to suffer due to lack of respect for intellectual property rights, and a candidate for president has a duty to lead by example and ensuring their campaign does as well," Iser added.

Last month, Warner Music Group demanded that the YouTube remove another McCain video, "Obama Love," which was set to Frankie Valli's "Can't Take My Eyes Off You." And earlier this week, comedian Mike Myers accused McCain of copyright infringement for using the iconic Wayne's World line "We're Not Worthy!" in yet another ad attacking Obama.

Iser said the lawsuit isn't politically motivated, despite the fact that Browne is a longtime Democratic activist. "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," he said.

You can chalk this up to the entertainment industry's presumed bias against Republicans, or argue that if Obama were using the material in question, no one would care.

But for a candidate whose stated mission includes "effectively protecting American intellectual property in the United States and around the globe," McCain and his surrogates' apparently repeated use of others' intellectual property without permission is careless at best.

Then again, a close reading of McCain's technology platform suggests he may not be such a staunch protector of intellectual property after all.

"Too much protection," according to McCain's platform, "can stifle the proliferation of important ideas and impair legitimate commerce in new products to the detriment of our entire economy."

Or stifle the proliferation of John McCain's attack ads to the detriment of his political ambitions, anyway.