Gay couple suing for their image used in politics

[druidp]

Attack ads, to be exact - and in Colorado. I freakin' hate the GOP party here sometimes (well, most of the time). Correction: I still hate the GOP party mostly for their stance like this, but it looks like this was a group from Virginia which created the mailers.

blogs.denverpost.com/thespot/2012/06/27/gay-couples-engagement-picture-attack-ads-colorado-statehouse-races/75130/

Kiss this: gay couple discover their image was used in attack ads in Colorado races

Used with permission of Edwards/Privitere
In one of their engagement pictures, Brian Edwards and Tom Privitere kiss with the New York City skyline in the background. The picture was used to attack two Colorado legislative candidates.

A gay New Jersey couple plans to hire a lawyer after learning a conservative political group used one of their engagement pictures in attack ads in at least two Colorado legislative races.

The original shot features Brian Edwards and Tom Privitere kissing with the Brooklyn Bridge and the Manhattan skyline in the background. Their image was superimposed over different backgrounds and used in mailers ripping Republicans Jean White of Hayden and and Jeff Hare of Greeley. Both lost in Tuesday’s primary election.

“I’m furious,” Edwards said Wednesday night.


Provided to the Denver Post
The attack mailer that went after state Sen. Jean White used a copyrighted engagement photo of Brian Edwards and Tom Privitere with an altered background.


Privitere had a different view.

“I think it’s cool because it allows us to fight the fight,” Privitere said. “I’m so sick of being treated like a second-class citizen.”


Provided to the Denver Post
The attack mailer that went after Republican House candidate Jeff Hare used a copyrighted engagement photo of Brian Edwards and Tom Privitere with an altered background.

The group Public Advocate of the United States, based in Falls Church, Va., superimposed the picture of the couple on two political mailers. Edwards said the photo, which appeared on a gay wedding website, was copyrighted.

Public Advocate of the United States was not immediately available for comment tonight.

One mailer was sent to Republicans in northwest Colorado, where White, a state senator, and Rep. Randy Baumgardner were vying for their party’s nomination to represent Senate District 8.

The New York City skyline was gone, replaced by snow-laden trees, “like we’re some sort of Brooklyn elves,” Privitere said. The copy blares “State Senator Jean White’s idea of ‘family values?’”

White was one of three Republican senators to vote for a civil unions bill when it come to the Senate floor this year. The measure passed the Senate, but died a dramatic death on the House floor with supporters chanting “Shame on you” to Republicans. After her defeat, White refused to endorse Baumgarner, saying he lied about too many things.

The other mailer attacks Hare, who wasn’t in the legislature and never voted on the bill. The Greeley resident lost to Stephen Humphrey in House District 48 in their GOP primary.

That mailer features the picture of Edwards and Privitere kissing, with flat farm land in the background. “Jeffrey Hare’s vision for Weld County?” it says.

The couple was unaware of the Hare mailer until being informed of it by The Denver Post.

Edwards found out about the White mailer today after a friend read a story in the New York Daily News about Baumgardner having an unregistered sex offender living in his home in Grand County. The tenant was arrested on a warrant. When released, he registered and returned to Baumgardner’s home. The Daily News story included the kissing mailer that had run in the Denver Post in connection with a story about the race.

Edwards said he fumed the entire way home tonight, and then started searching the Internet.

“How can you take someone’s photo and manipulate it and use it for something like this?” he said. “I don’t understand.”

The couple was married Sept. 7, 2010, in New Haven, Conn. Privitere is a ticket broker, Edwards a college administrator. They have been together for 11 years.

[ttt]

WTF??

Also, there are tons of stock photos out there with model releases. I'm sure you have the budget for it, so why are you stealing other people's photos???

[pixy0stix]

Did the photographer release it?

[housegeek]

Jun 27, 2012 22:16:11 GMT -5 pixy0stix said:

Did the photographer release it?

That's my question too. How did they get the file in the first place?

[suzyp]

Jun 27, 2012 22:23:59 GMT -5 NewOrleans said:

Jun 27, 2012 22:16:11 GMT -5 pixy0stix said:

Did the photographer release it?

This probably sounds silly, but my gut says no. Look at their pictures. I can't imagine she would release such beautiful work to be used in that way.
Eta: From their wedding shoot link: "Today I logged onto facebook and my photographer had uploaded a few pictures from the wedding last Sunday. I am so excited to be able to post them here. I know there are many people who are interested in seeing them. Kristina Hill is fabulous!!!!".

Plus, they are edited from her actual pictures, so I would be surprised for that reason as well.

[EllieArroway]

Wouldn't the photographer (most likely) own the copyright, not the couple? Can the couple sue if they don't own the copyright?

[pixy0stix]

Jun 27, 2012 22:23:59 GMT -5 NewOrleans said:

Jun 27, 2012 22:16:11 GMT -5 pixy0stix said:

Did the photographer release it?

This probably sounds silly, but my gut says no. Look at their pictures. I can't imagine she would release such beautiful work to be used in that way.
Eta: From their wedding shoot link: "Today I logged onto facebook and my photographer had uploaded a few pictures from the wedding last Sunday. I am so excited to be able to post them here. I know there are many people who are interested in seeing them. Kristina Hill is fabulous!!!!".

She might not have known what the use was going to be. If she released it for commercial use it just goes out to the nethersphere. If the couple took her images and posted them online somewhere, then they themselves are in violation of the copyright.

It's true that the photographer could have released the copyright to their photos, or given them the right to use as they see fit while still keeping the copyright.

Really, I want to know the photographer's side of the story, because if anyone should sue, it should be her as it's her image.

[marie427]

Oh HELLS NO. This would be wrong even if it was a pro-gay ad. You don't use someone else's photos without following the proper legal channels.