Jazz guitarist Pat Metheny is suing Florida Gov. Bob Martinez for using his song "Last Train Home" in a campaign commercial.

Metheny doesn't consider the first-term Republican governor "the sort of politician to whom I would lend my music for any amount of money," Metheny's publicist said in a statement.Martinez's campaign manager, J.M. "Mac" Stipanovich, said the song was used accidentally and had been replaced.

The commercial aired on 42 television stations between Sept. 6 and 9, Metheny said.

The lawsuit, filed Friday in federal court in Miami, accuses Martinez and producers of the commercial of copyright infringement and invasion of privacy.

Metheny said he will donate any money he is awarded to the Censorship Is UnAmerican Campaign, a Los Angeles-based group.