Split decision in Colorado court case involving photo of gay NJ couple

[alp227]

Source: Denver Post

The head of Colorado's most strident gun rights group is celebrating after a federal judge dismissed a portion of a lawsuit filed in connection with attack campaign mailers that featured the engagement photo of two gay men kissing.

"First Amendment wins again!" was the reaction of Dudley Brown, executive director of the Rocky Mountain Gun Owners, who helped prepare the mailers.

However, U.S. District Court Judge Wiley Daniel ruled that the the plaintiffs — the gay New Jersey couple and their photographer — have "a plausible copyright infringement claim."

"We are happy the court has ruled that the defendants' unauthorized use of the engagement photo may violate the copyright laws and that the copyright claim may proceed to trial," said Anjali Nair, staff attorney for the Southern Poverty Law Center.


Read more: http://www.denverpost.com/news/ci_25467426/split-decision-colorado-court-case-involving-photo-gay

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[closeupready]

1. Also, no model's release. That's an automatic civil suit.

K&R

[groundloop]

2. DO political ads require model releases?

I know that model releases are needed whenever someone's image is used in a profit making venture, but will political ads fall into that area? (I would certainly hope so, I'd love to see a huge civil penalty for this).

In any case there should certainly be a sizable penalty for violating copyrights.

[otohara]

3. Sure

The rules for political advertising are much tougher.

When I worked in radio the sales staff had to go through the rules of political ads and if you effed up...dun dun dun da..drama and panic ensued.

[closeupready]

4. I'm not a lawyer, but I believe so -

any time a model is recognizable and/or their image is used in a paid advertisement, the organization represented by/for/within the ad must have a written, signed release from that individual permitting use of their image. When I was a photography student, we were advised, if in doubt, get a release.

[NYC Liberal]

5. That photo definitely says "family values" to me.

[7962]

6. If those guys didnt give permission to use their photo, they should win a nice lawsuit

You cant use celebrities in ads without their consent; this is no different.
"Free speech" has nothing to do with it.

[Skittles]

7. I fail to see what is wrong with that photo

but that is because I am not a homophobe