John McCain: Jackson Browne Used Me To Increase Record Sales

November 20, 2008 12:29 p.m. EST

Los Angeles, CA (CNS) - John McCain feels rock singer Jackson Browne had used him to sell records. In a response to the musician's lawsuit against the former presidential hopeful over the alleged use of his song, McCain argues that he had right to use a snippet of the hit track.

Jackson sued McCain in August over the use of signature song "Running on Empty" in an Ohio campaign ad, saying it implied that he was endorsing the candidate.

In a memorandum obtained by TMZ, the Republican politician's legal camp claims that their use of the singer's 1977 hit song had not violated any law as it is covered by the fair use doctrine.

The memorandum reads: "Given the political, non-commercial, public interest and transformative nature of the use of a long-ago published song, the miniscule 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's campaign also says that they had nothing to do with the commercial in Ohio as it was the work of the state's Republican Party.

A hearing is scheduled on December 8.