Rocker Jackson Browne only sued John McCain over the use of his song in a political video, so he could land free publicity, according to lawyers representing the former presidential candidate.

Browne was furious when his track "Running on Empty" appeared in a promotion tape for McCain back in August, and immediately sued.

Three months on, following McCain's defeat to Barack Obama, the Arizona senator has responded in new legal papers, obtained by TMZ.com.

In the documents, attorneys for the 72-year-old politician claim their client was legally allowed to use the track because he was not seeking to gain profit from it.

The lawyers also accuse Browne of using the battle to help promote his latest album, Time the Conqueror which was released in September - and they're calling on authorities to dismiss the case.